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Item Number 9 on the recent 2024 AGM agenda states: “Overdue Levy Procedure. By ordinary resolution that should any Owner, Mortgagee in possession or former Owner of a lot not pay contributions by their due date in relation to a lot that: a)The Strata Manager may issue one (1) or two (2) reminder letters each requesting payment within fourteen (14) days of the reminder letter; b)If the Owner, Mortgagee in possession or former Owner has not made payment of any outstanding amount in accordance with any reminder letter sent by the Strata Manager, a law firm be engaged and instructed to… iii.Take legal action to recover unpaid contributions, interest on unpaid contributions or related expenses enforcing any judgment obtained including: 1.Obtaining any necessary writ(s) for the levy of property; and 2.Obtaining any necessary garnishee order(s)”
This item was defeated but the minutes show it was resolved. The Strata Manager states that:
“This motion cannot be defeated, these are our company terms which your scheme signs up for when taking on our management. The minutes remain correct.”
I then asked, “Why put it on the agenda?” and the SM stated, “There is a standard set of motions that must be put on the agenda each year, this is one of them.”
Who is working for whom? We do not want to remove the Strata Manager. We just want to know if the SM can change the outcome of the motion without the permission of the OC.
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