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Topic
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Victoria, 40 apartments.
Can the Committee agree to waive the levy/fees for an owner (even for one month) without consulting all owners for their view? I understand that the Committee has the power to waive penalty fees/interest.
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Replies
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The simple answer is “no”.
The more complicated answer is that the committee can agree to waive interest and penalties, if previously empowered to do so by the owners corporation at a general meeting.
The Owners Corporation Act says that the OC must issue notices of fees owed, giving 28 days to pay but they may follow that up with a final notice and action to recover the debt.
In other words, they can delay enforcement of debt recovery but they can’t just let it slide – basically you’d be taking money out of other owners’ pockets if you did that, so there’s no way that could happen without the owners’ informed approval (if at all).
You should, however, be able to organise a payment plan that saves you from penalty interest payments and debt recovery.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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