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  • #49287
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    There’s a lot of talk around at the moment about rent and mortgage support, to help individuals and families whose income has been hit by the coronavirus.

    We touched on it in the answer to this post in the Forum, where we point out it’s not as simple as saying “Ok, take a break from paying your levies this …
    https://www.flat-chat.com.au/lost-levies/

Viewing 15 replies - 1 through 15 (of 20 total)
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  • #49694
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    There is a standard fee (around $30) for viewing strata documents. Photocopying and posting, faxing or scanning and emailing would attract additional fees.

    #49638
    AvatarZiggy
    Flatchatter

    Thanks Jimmy. Do I have to pay to get a copy of the financial statements? They have been sent to me for free on numerous occasions prior to this particular request.

    An SC member now says I have to pay for them!

    #49630
    Avatarpukoh
    Flatchatter

    I thought you couldn’t use capital fund to pay for stuff that should be admin fund?

    you could “borrow” from the capital fund, but will need to pay it back.

    #49614
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    Section 182 of the strata Act makes it clear that owners are entitled to ask to see the records of the strata scheme and the committee is obliged to comply.  The list of documents that must be produst is exhaustive. Failure to comply makes the committee subject to fines of $550 as well as liable to potential action under section 232 (2) of the Act (Failure to exercise a function).

    Arguments about matters being “commercial in confidence” or subject to privacy concerns are entirely bogus.

    If I were you, I’d give the committee seven days to produce the goods or face proceedings at Fair Trading.

    #49611
    AvatarZiggy
    Flatchatter

    Another email from my Strata Manager refusing to send me a copy of the latest financial statements. Says it’s up to the Strata Committee!

    #49591
    AvatarZiggy
    Flatchatter

    I have asked the Strata Manager again to call a General Meeting. I have asked for the financial statements. I have heard or received nothing.

    One person on the Strata Committee has told me they will not consider the lowering of Strata levies as they plan to spend all of the Capital Works funds + levies on repairs. There was no SC meeting to discuss this and no contact with the Owners Corporation.

    What can I do to call the meeting? I have support from a number of other owners and I presume the SC who will need to explain this unilateral decision.

    #49516
    Avatarkaindub
    Flatchatter

    LKY

    the OC  cannot collect levies unless a motion for them has been passed at a General meeting.

    Get your strata manger to arrange a general meeting where he us the only one in attendance to allow electronic or other means of voting. Then in the future you can hold AGM by teleconference or videoconference and pass all the necessary motions of an AGM.

     

    #49488
    AvatarZiggy
    Flatchatter

    Can the SC alone decide not to reduce/defer Strata levies? Isn’t that up to the OC?

    #49411
    AvatarLKY
    Flatchatter

    Our Strata passed the budget at the AGM last year,2019. Usually, we hold the AGM in July / August and the levies for March & June quarters are the same as those for September & December Quarters.

    Now my question is : what happens if we do not hold the AGM in July or August or even later say up to December end. Strata Act allows AGM to be held any time during the FY up to end of February literally.

    So in the absence of AGM in July / August on account of COVID-19, can the levy collected in June be repeated for September & December quarters without any advice or action  ?

    #49372
    AvatarZiggy
    Flatchatter

    Sorry Jimmy I didn’t mention that. I didn’t think the SM would send it onto the SC! I was hoping for some advise from her. Will do so if the SC reject my suggestion or I don’t get an answer.

    #49365
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    Ziggy said:

    I thought owners entitled to vote, who together hold at least a quarter of the total unit entitlements, can ask for a meeting in writing.

    Yes, that’s true.  Have you done that?  You didn’t mention it previously. You only said you had requested a meeting. Or are you just correcting my previous statement?

    #49359
    AvatarZiggy
    Flatchatter

    I thought owners entitled to vote, who together hold at least a quarter of the total unit entitlements, can ask for a meeting in writing.

    #49352
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    Ummm … the general meeting will be of the Owners Corporation, but someone needs to call it, and that would be the committee.

    Also, if you are seriously strapped for cash, you might inquire about a payment plan, and to be excused from penalty interest (which also requires a general meeting).

    But I was chatting to a senior strata manager today and he said that a lot of OCs are saying they want to reduce their levies and his response was that costs are likely to go up, due to more people working from home, while the relevant question is, which item in your budget was an over-expenditure when you agreed to it at your last AGM?

    #49344
    AvatarZiggy
    Flatchatter

    Thanks everyone. I have written to our Strata Manager who responded by saying she’s forwarding my email to the Strata Committee for their approval to hold a General Meeting.

    Eh? Is that the appropriate response? I thought she should be asking the Owners Corporation?

    #49312
    Sir HumphreySir Humphrey
    Strataguru

    Here’s an idea:

    When our OC passes a resolution at its AGM to approve a budget and levies, it specifies the amount of the annual levy and what fractions of that levy will be due on what dates. An option might be to keep the levy at the level it would need to be to cover the budget but resolve that the due dates shall be much later than they would usually be.

    Explain to owners that this is to allow lee-way for a subset of owners facing financial hardship. Explain that the hope is that everyone who can pay would continue to pay by the usual due dates to help with the OC’s liquidity. When issuing the levy notices on the usual dates, make it clear that most owners should not take advantage of the later-than-usual due dates unless they really need it. Make it clear that once the later-than-usual due date has passed, the OC could then proceed with normal debt recovery action.

    This would be manageable for the OC if it has sufficient cash in the bank to cover expenses early in its financial year with less income.

Viewing 15 replies - 1 through 15 (of 20 total)

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