Fire order costs and elderly owner in $15K arrears

I suggest you get legal advice from a lawyer specialising in strata law.

Find a couple of firms and ask for quotes. Make clear what you objective is e.g to collect the arrears in full come hell or high water. Don’t suggest that you’re open to payment plans or the like.

Be specific when you relate the FACTS of the situation. Include copies of a paper trail.

Just my 2 cents.

I will just mention 2 cents rounds to nothing these days.

“The legislation has always envisaged that generally, strata schemes would be managed by ordinary lot owners for their own benefit. …”
J Bordon: Nulama Village P/L v Owners Strata Plan 61788 (Strata & Community Schemes) [2006] NSWCTTT 550 (25 September 2006)

The idea of running off to the lawyer is just not in keeping with that objective.

Reverse mortgage could be an option but you need to find some way to communicate with her.

And:
Blame the vexatious owner for the OC not keeping up with its s 106 (fire) obligation.
If your building burnt down then that would have been fun with the insurer.
I think you should thank whoever brought the matter to your attention.

One cant approach a lawyer, in this case Marrickville Legal Centre on behalf of another party without the approval of the third party.

So thats not an option.

Its clear this woman requires third party help. However having been through a similar situation, though not as nasty let me tell you the system is broken

Unless one is a member of the clergy, a doctor, an immediate relative or a policeman, one cant alert the appropriate help centres of this persons plight. I tried many avenues and was shown a closed door. (it was resolved when the woman got pneumonia and was hospitalised and the doctors would not let her return home)

We all try to be kind to one another, but I feel in this case that legal action to recover the money is the only way to go.

Maltman wrote

“The support worker we do have contact with says that they cannot speak to her about financial matters.  We do not want to cause her undue hardship but we are not sure of ways forward, beyond allowing the debt collection to proceed to the next level.”

Aged Care Team Support Workers clearly have a duty of care and should  be aware that this elderly person is at risk of being evicted if the other owners were to pursued legal action  for bankruptcy

The  Office Of the Protective Commissioner was merged with the NSW Trustee & Guardian

The NSW Trustee & Guardian is appointed by a NCAT Financial Management Order as a statutory financial manager  , very similar to a CSM when a strata scheme is determined as disfunctional

During my 15 years with the OPC I recollect  a situation when a elderly person got locked out of her unit as no one  was prepared to act as an applicant for a Financial Management Order , usually either support workers or a person responsible act as an applicant for a FMO

In this case that person responsible can  be either a support worker, & also a strata committee member , as  there seems to be no family or close friends

However ,  in this case the support workers supervisor may need to be contacted by the Strata Committee to review the need of an application to NCAT for an FMO appointing  the NSW Trustee & Guardian as this persons statutory financial manager

This statutory financial manager will  assist this aged lady with the resolution of the unpaid levy , therefore avoiding legal proceedings , bankruptcy and potential eviction

JT is on spot on with his advice to refer to MLC , I am also aware that the Salvation Army had and may still have a service to assist persons with financial problems

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