Legal/Conveyancing Question....

From: Alan Hill


Situation:

Individual buys into a Neighbourhood Association and doesn't receive levy notices because they have been sent to his old address.
Managing Agent doesn't receive Levy Payments so puts their Solicitor onto it.
Solicitor takes instructions, writes a few letters etc(presumably to his old address) and racks up a bill of $450.
Individual who has been living in Neighbourhood Association the whole time gets the bill for $450 6 months later.

Question:

My memory is a bit dim on this but......isn't it part of the conveyancing process for the individuals conveyancer to notify the Neighbourhood Association of the change of address?
If so, couldn't the individual simply pass this bill back to his conveyancer and say "pay this", you didn't notify them!

Note: I realise the response won't necessarily be 'professional' advice but just wanted to point a friend in the right direction.

Thanks guys.


:)
 
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Reply: 1
From: Tibor Bode


Hi Alan,

You just told my story. Currently I am disputing some extra interest what the Body Corp charged me as they received the bill 6 months after settlement. I requested Body corp not to pay, they did not agree. Currently chasing extremely professional solicitor firm (Brisbane based) who are e just too damn lazy to get back to me after several contacts. Yes, you are right, I also feel that it is their responsibility, especially after they have notified me that they will notify the Body Corporate. They did not have too much trouble of taking my payment for their (un) professional services!

Tibor
 
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Reply: 2
From: Nigel W


Alan you are correct. Give your lawyer a good kicking.
 
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Reply: 2.1
From: Ctrader .


From my own experience looking after a Body Corporate, I can tell you that I am not always notified of change in ownership or change of notification address. Some conveyancers and owners do and some don't.
 
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Reply: 2.1.1
From: Simon H


I can only comment on NSW but when a change of ownership takes place i e. a transfer is registered at LAND and PROPERTY INFORMATION, a notice of sale or transfer of land form is lodged with it.
This form only informs the local government council, water board, county council, rural protection board, the department of land and water conservation and the office of state revenue to issue rates, notices and property valuations to property owners,
it is then up to the solicitor or transferee to inform other interested parties of the change.

hope this helps
Simon H
:)
 
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Reply: 2.1.1.1.1
From: Gail H


Hi,
I'm not sure if solicitor is responsible, but don't forget that even if he/she is, it doesn't mean that that you (ie. your friend) won't be liable for the bill. What I mean is, the Association could succcessfully sue you for the money, and you would then try to claim it from your solicitor (if you were sued, you would join solicitor as a third party). In other words, you might be able to claim "an indemnity" from the solicitor, but you are sill liable for the money.

I mention this as a warning to your friend not to ignore the bill on the basis that solicitor should pay it. If solicitor stuffed up, it is a basis for you having an action against the solicitor, but it is not a defence in any action taken by the Association against the person who owes the money.

Gail
 
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