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I am fully paid up with my strata levies.
However my strata agents have taken moneys out of my levy payment so that I am no longer financial. They allege that my builder blocked a sewer (December 2020) whilst renovating my bathroom and have sent me a bill of over $ 5,000. The evidence that they presented to prove my liability for this account is a photo which is dated 2015!.
I have spoken to an independent plumber,( ie not on the pay roll of the Strata.) He says that, even if my builder was partially to blame, the bill is way over what is should be. There were tree roots involved and an electric eel was not used (only a water hose) which, had it been used, would not have required further digging up of the sewer. A “standard bill” for this kind of work would be half that charged.
I do not accept liability for this but no one at the strata managers will answer my emails, letters or phone calls. I have sent a “recorded delivery letter” to the 3 directors of the company but have received no reply from them.
I have been told unofficially that the secretary of the committee (who lives in the block) has gagged the strata managers not allowing them to speak to me and also instructing them to take payment from my levy. I have been advised by a lawyer that this is illegal.
There is not a lot more that I can do since neither the strata managers nor the Chairman of the Body Corporate will mediate with me.
I do not want to take legal action but if they wont mediate with me that may happen. I believe that the Chairman is suggesting this but the rest of the committee do not want this I have been told and wish to pay it from body corporate funds as sewers come under that jurisdiction.
I cannot attend the AGM because the strata managers have declared me non financial (since they have withdrawn money from my levy to pay the plumber) .
I am most interested to hear your views.
I suspect that there is something a bit suspicious about all of this behaviour including the strata plumber, the Strata secretary and the Strata Directors.
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I do not want to take legal action but if they wont mediate with me that may happen.
Yet another request for instructions on how to fight with one hand tied behind your back. Just joking, but don’t close off any options before you have even explored them. There are so many things wrong with what the strata managers are doing that having a lawyer wrap it up in one “fact bomb” may be your best and only option.
I cannot attend the AGM because the strata managers have declared me non financial.
Have they said this? If so, they are wrong. You can attend and speak but you can’t vote or propose motions.
I suspect that there is something a bit suspicious about all of this behaviour including the strata plumber, the Strata secretary and the Strata Directors.
You really don’t need to get into conspiracy theories here and it won’t help your case. Remember the first rule of Flat Chat – never ascribe to malice anything that can just as easily be explained by stupidity.
The strata manager has no right to remove funds from your account to pay for alleged damages before that has been established and either agreed or ruled by a tribunal.
The sewer pipes are, indeed, common property but you can be liable for damage caused to them. Again, the extent of your liability has to be established by agreement or by a tribunal before anyone takes any money out of anyone’s accounts.
The strata manager has no right to exclude you from the AGM, whether you are unfinancial or not.
If the strata manager and committee continue to refuse to engage with you, you need to get their attention and the best way to do that would be via a strongly worded legal letter.
For that, if you can afford it, go to a strata lawyer like our sponsors Sachs Gerace Lawyers. Otherwise you could approach out new besties, Marrickville Legal Centre which has a free NSW-wide strata law advice service.
If you do use them and they help, sling them a few bucks. They are a non profit and those of us who can afford it should help those who can’t. You’ll find their initial contact form HERE.
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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