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  • #11152
    chesswood
    Flatchatter

      We did some building repairs a few months ago. Part of the cost was supposed to be paid by owners of two of our units (they used our builder to do improvements at the same time) however due to an administrative error the OC paid costs which should have been paid by the owners – $3000 by one and $3500 by the other. We tried to get it back from them but they engaged a solicitor who threatened us.

      Most other owners would be interested to reclaim that money. If we held an EGM and struck a one-off levy of $50000 and then refunded it to everyone except those two, we’d be square.

      Would they be able to block that, e.g. by claiming fraud on the minority under company law?

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    • #27242
      Jimmy-T
      Keymaster

        You would require 100 percent approval from owner fro the repayment of funds, so that won’t fly.

        But solicitors threaten – that’s what they do. I would be tempted to tell them you are coming after the debt and the costs of legal action too.  Hire your own solicitor and get them to issue threats on your behalf.

        Thse people are stealing from their neighbours and they need to realise that’s what they are doing, not taking money from some anonymous body.

        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.
        #27245
        g-g
        Flatchatter

          On the odd occasion we have had to apply costs against a lot owner’s account after such disputes and then the debt moves through our regular ‘debt collection’ process.

          You will need your strata manager to comply though.

          One owner went to Fair Trading and threatened legal action against the debt, but gave up fairly quickly after a ‘see you in court’ response.

          #27249
          chesswood
          Flatchatter
          Chat-starter

            Jimmy, when you say the dividend would require a unanimous resolution, how about we require something in return? e.g. unit 1 gets $3600 for cleaning out the meter room. Unit 6 gets $2740 for putting the wheelie bins out on garbage night. Etc.

            Puddn, we thought of that. The manager isn’t the problem. We’ve been told that Fair Trading will only enforce levy debts, not other debts claimed from particular units. How did you get round that?

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