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QLD: Does a payment plan for a special levy make a lot owner unfinancial for voting purposes?

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Question: If I am on a payment plan for a special levy, am I considered to be unfinancial when it comes to voting?

The committee agreed to a payment plan for my special levy contribution. Otherwise, I have consistently paid all general levies on time and am not in arrears for any other payments. Despite this, the body corporate managers say I am not eligible to vote because I’m in arrears. Is this correct?

Answer: If you want to vote, you have to have nothing owing.

You aren’t financial as you do owe money from properly struck levies. The legislation is very firm that outstanding levies disentitle you from voting on anything other than resolutions without dissent. If you want to vote, you have to have nothing owing.

Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500

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