Hi All
Just a quick note to see if anyone has any ideas or experience on how to deal with a situation that I am currently encountering with a block of units where I own 1 unit.
The background is:
The Body Corporate Manager is extremely reluctant to pursue this issue with the Arrears unit (ie kick him out) as the Arrears unit has personally threatened the Body Corporation Manager
Long winded story I know, however I really need some assistance in dealing with some of these issues at least in the fact gathering stage. The Corporation will probably seek legal action over the next few weeks but I want to gather some information in the first instance so I know what I am dealing with.
The main issues are:
Can anyone assist with this?
Thanks so much in advance
Corsa
Just a quick note to see if anyone has any ideas or experience on how to deal with a situation that I am currently encountering with a block of units where I own 1 unit.
The background is:
- units are located in SA
- 24 units in total
- 1 unit is in arrears $2200 in body corporation fees & legal fees
- Solicitors have been involved on both sides (ie Strata bringing action against Arrears unit and Arrears unit bringing action against us)
- The Arrears unit claim is that he shouldnt have to pay for a Balistrades upgrade project which was approved between the time he bought the place and settlement - the amount in question was 4 payments of $150 = $600 for each unit
- The Solicitors have most recently advised the Body Corporate Manager that the Arrears unit has refinanced his unit to withdraw $12,000 in order to pay for the corporation arrears of $2,200 but he still hasnt paid yet has he claims he has been in an accident and broken his leg and his mum has to drive him everywhere.
- The Body Corporate Manager did not enforce the original court order for $1,000 in the hope that the Arrears unit would pay the full amount outstanding of $2,200. The difference being the amount he has amassed since the original action. The Body Corporate Manager is suggesting that if the origingal court order was pursued and the Sherriff turned up at the Arrears units door, all he would have had to pay is $1,000.00 and we have to take him back to court for the balance.
- Some of these issues have come about due to non payment of body corporation fees and others because the Arrears unit maintains "a lounge room" on the balcony which technically is a fire hazzard and makes the place look like a slum.
- We had the AGM in July where I was trying to get everyone to change to a new Body Corporate Manager as I felt that this manager was not doing the job adequately (even with faced with extreme issues I realise). This motion got outvoted and the Body Corporate Manager has been appointed for another 12 months. It was initially sought to engage them for 3 months however the Body Corporate Manager said this was not allowable that we had to go with 12 months or nothing. Now, if we want to terminate this agreement, what is involved?
The Body Corporate Manager is extremely reluctant to pursue this issue with the Arrears unit (ie kick him out) as the Arrears unit has personally threatened the Body Corporation Manager
Long winded story I know, however I really need some assistance in dealing with some of these issues at least in the fact gathering stage. The Corporation will probably seek legal action over the next few weeks but I want to gather some information in the first instance so I know what I am dealing with.
The main issues are:
- what is involved with seeking an injunction for contravention of the strata laws
- what is involved with seeking the $2,200 outstanding from the Arrears unit in the quickest, easiest way
- what is involved with terminating the current Body Corporation manager agreement only 2 months into the next term of 12 months ending July 2005
Can anyone assist with this?
Thanks so much in advance
Corsa