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My SM has just told me I won’t be allowed to vote at any GM until I become financial (pay the debit I owe).
I always pay my invoices in full on or before the due date but I pay them via the PO and the PO make a charge of $2.30 for this service. We passed a motion many years ago that any collection fees are the responsibility of the lot owners which I agreed with (mainly to stop people paying by CC and the Strata loosing up to 5%).
So when I pay my fees the PO deduct $2.30 before forwarding to the SM and so I owe $2.30. This has in the past been added to my next invoice which I pay in full the same way, but incur another $2.30 charge.
I’ve been doing this for years and no problems (as have others) and no interest has ever been added to the $2.30.
Is what the SM is threatening legal??
I know I could pay another way but it’s convenient for me and the others.
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I’d be just paying the $2.30 now & avoiding any hassle. & in future add an extra $2.30 to any levies payment to account for the auspost charges.
It’s my understanding that you need to be debt free to be able to vote at meetings.
A bit nasty, but legal in NSW at least. In effect you’re short paying each levy by $2.30, which bobs up on the next bill for the following quarter. So you are in arrears by that amount each time. If you pay an extra $2.30 for a quarter then you should be OK and thus financial. Interestingly, there is no requirement for a Strata Manager to send out levy notices in the Strata Schemes Management Act, you’re supposed to pay in full and on time when the levy is due. Of course if they didn’t do so, a lot of owners would “forget” and there would eventually a lot more arrears to chase, and more interest incurred.
@tharra said:
It’s my understanding that you need to be debt free to be able to vote at meetings.
That’s right – and the strata manager shouldn’t accept money at the door of the meeting, either. Could be worse … in some other places you have to be debt free to be able to stand for the EC or even vote at EC meetings after you’ve been elected.
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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