Question: I’ve received a letter of demand, including penalty charges, for overdue levies. My records indicate the contribution notice was never sent by the strata manager. Can I ask for evidence?
I have just received a letter of demand from my body corporate manager for overdue contribution levies. Although I am aware that payments are due quarterly, I usually pay immediately in response to any contribution notice I receive, according to the instructions on each notice.
On this occasion, I’m certain the manager never sent a notice. I always receive correspondence by email, including the letter of demand, and I have no record of the notice in question ever being received. A co-owner is always copied on the emails from the manager and they did not receive a notice either.
I understand the manager MUST send a notice at least 30 days before the due date in accordance with r163 of the Body Corporate and Community Management Regulation 2020. The strata manager has threatened to take me to court, despite not doing their job. I have asked them to forward me the original email notice but they have not done so.
I have every intention of making the payment but they are asking for penalty fees that I do not believe they are entitled to.
Answer: What happened with the process?
I think the starting point is what happened with the process. I don’t think it is unreasonable to first ask for evidence or how that the invoices / reminders were sent. If they were sent by email (and received), that is going to be valid in terms of notice with the opt in provisions that are in the new Modules – where people who had provided email addresses were automatically deemed to have agreed to receive notices that way. There is no need for there to be a follow up by post. But if nothing at all was sent in any format then that’s a different story in my book.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
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