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Hi,
A NSW lot owner has requested to waive a debt recovery fee claiming notification of such (by mail or email?) was never received.
The Strata Manager has forwarded this request to the S/C for a majority determination stating the owner should pay (which I agree) but if the S/C approve to waive the fee then it will be paid by O/C funds.
Considering our admin fund is in severe deficit and the fact it would set a precedent – I am totally against it.
My question therefore, is this a matter for the S/C? I wouldn’t have thought so.
Thank you.
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There is liability for the cost of debt recovery written into the legislation. Ignorance is no defence under law. The owners should pay – end of story. And if I were another owner who was facing paying a share of debt recovery costs, I’d be filling out a dispute form with Fair Trading and NCAT right now.
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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