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We have a long existing bylaw requiring some owners to pay for the parts of common property they obtained decades ago to create a patio, garden or garage. Looking at the accounts I noticed that these owners have not been invoiced for years and even possibly decades.
The strata manager said chasing up the unpaid amounts and even the current year amount needs to be voted at an EGM before he will invoice. Is this right? What can I do to get these owners invoiced? No one else seems concerned and Im being made to feel like I’m rocking the boat.
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Does the by-law require an annual payment like rent or just covering the owners corporation’s costs? We have some areas of common property given to certain owners’ exclusive use and the conditions include that they must pay the owners corporation’s maintenance costs associated with those areas. If no maintenance has been needed or done, there is nothing to pay.
Depending on what your by-law says, a vote might not be strictly necessary from a black letter law perspective but it might be necessary politically. If the by-law requires a payment but has been ignored for many years, you might need the situation to be clearly explained to owners and have resuming payments endorsed by a strong majority. Then you would be on a firmer footing if you go ahead against the wishes of those being billed.
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