Question: What obligation does the committee have to inform the body corporate of significant unpaid levies that have been outstanding for more than a year? Should this information be included in committee meeting minutes?
Answer: There is no need to publish levy arrears in committee meeting minutes.
Rather unusually for laws, the BCCM Act requires a body corporate to sue someone once the levies have been outstanding for two years. Lots of committees handle default delicately and don’t necessarily rub people’s noses in the fact they have not paid their levies by publishing that to all owners. A good committee is proactive about levy recovery because the amounts owing don’t go away. They just accrue and then the other owners are carrying the entire financial burden.
But at the core of it – there is no need to publish levy arrears in committee meeting minutes.
This post appears in the November 2023 edition of The QLD Strata Magazine.
Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500