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1) The AGM for the 2019 year has not been held and the strata manager and strata committee refuse to answer owners’ queries regarding the date it will be held. 18 months have passed since the 2018 AGM. Can 1/4 of owners lobby the manager and committee to hold an AGM in the same way as for EGMs?
2a) The annual strata levy is usually decided at the AGM, isn’t it – S. 79? As the 2019 AGM has not been held, this has not been done and neither an annual levy notice nor periodic levy notices have been issued by the manager or committee for 2019.
2b) In these circumstances are owners liable to pay quarterly levies in the same amount as 2018 levies or can they wait until a levy notice is sent by the manager for the 2019 year?
2b) Some owners say they don’t want to pay 2019 levies until they receive a levy notice issued by the manager. S.83(4) says levies are payable even if a notice hasn’t been sent. Does S.83(4) apply even though an annual levy has not been set for 2019? In these circumstances does interest on late payment run?
3) We couldn’t find the answers to the above matters in either the Act or Regulations so could you please quote the Sections or case law that apply as you often do in answering other people’s queries.
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