urgently need advice on Strata Levies

[Trieu]

Hi all,

I m currently under dispute with my solicitor about the repayment of my strata levies.

the strata manager has been raised enormous amount of fees to sue the builder
and cost to fix certain area of the building.

Hence, I have around 8k in arrears for my strata levies. I rang up the solicitor

(who gave me a notice of 14 days to make the final payment of this debt) I just want to know how they work out the lump sum of 8k but neither the solicitor or my property manager can provide me that information. All they did was sending me the strata ledger ..but from this i couldn't work out the lump sum of 8k

may I ask .. Do I have the right to ask how their system work out that figure from the solicitor ?

note she has charged me $45 after i rang up to her to ask how my strata levies has been added up 8k... does she has that right to charge me for that?


I have rang up the nsw legalaid but they couldn't really help ..but they said i have the right to ask the itemize of the ledger

much appreciate for your advice.

T

 

[rowena]

Hi Trieu,

Have you been paying your strata payments in the past and ontime?
Do you have proof of all of this?

The 8K could be a combination of late fee, plus interest - normally between 10-20% caclulated daily, or a special levy for the building cost.

Have you attended or even been reading your yearly body corporate notices, in which your strata all gets together and takes a vote on management of the strata management, along with any fees to be set or imposed for the year. The body corporate may of set out a seperate notice of a special levy to be raised, or a seperate meeting notice in regards to raising a special levy.

What it sounds like is a special levy has been raised. Unfortunately if everyone who turned up was in agreeance, then you dont have a leg to stand on in regards to the special levy. If you want to object then you need to turn up to your body corporate meeting so you can vote no or ask questions.

I suggest you go and read your last body corporate notice, and that might actually explain a few more details in there. The longer you put off paying the more interest is going to calculate on your debt. If the fee isnt paid then body corp can take you to court for lack of paying your debt and do a writ over your property and take your property to baliff sale. I have had to do this as secretary on my body corp to another owner as they had not paid any body corp fees over 4 years. Amazingly they paid up once it got to baliff sale!


Rowena

 

[Scott No Mates]

The details of the special levy will be in the minutes of the AGM or special meeting. The strata manager should be able to provide a copy to you.

Are you receiving your notices or are they going to your property manager (and not being passed on to yourself)?

Your solicitor would have no idea as to how the charges have been calculated as they have not been involved, they are charging for the time in relation to your query/telephone call.

 

[RPI]

SNM is on the money. A special levy can be laid for numerous things, and if the meeting approved it, it was fair and reasonable in the circumstances and it is proportionate to everyone's lot entitlement, then it is a fee payable be each lot owner.

A solicitor will often charge you per unit (6 minutes), and if they are "your solicitor" this should have been outlined in your cost agreement, unless under a certain amount.

$45 is not worth the hassle, if you do not like the solicitor, by all means change solicitors, but fighting a bill with a solicitor if they want to pursue you for a legitimately charged item, is not worth it.

 

[Trieu]

Hi all,

First of all, thanks all for your answer

1) No I haven't been paying my strata in time hence my strata in arrears

2) Do I have the right to get either the debt collector or the property manager to explain to me how the 8k has been come up with ? because neither the deb collector or the property manager can do that !! I m more happy to pay them off once they can explain to me how they come up with the 8k of my debt.

Thanks,

T

 

[The Y-man]

Hi all,

First of all, thanks all for your answer

1) No I haven't been paying my strata in time hence my strata in arrears

2) Do I have the right to get either the debt collector or the property manager to explain to me how the 8k has been come up with ? because neither the deb collector or the property manager can do that !! I m more happy to pay them off once they can explain to me how they come up with the 8k of my debt.

Thanks,

T

Don't know about NSW, but every Owners Corp here in Vic would have to discuss and minute these at AGM's or EGM's and the minutes sent to owners.

The Y-man

 

[The Y-man]

Did you talk to the strata manager?

I don't think I would ever approach either my solicitor or property manager for Strata issues....

The Y-man

 

[Terry_w]

Is that your solicitor you are talking about? Or are you ringing the strata corp's solicitor?

You have the right to ask how the $8k has been arrived at. The otherside also has the right not to reply - which could be argued to be unreasonable. Just write to them yourself asking how the sum has been arrived at and see what they say.

If you are using your own solicitor then you have to expect to be charged for work performed such as speaking to you on the phone.

 

[Aaron_C]

You have the right to an explanation of how the debt arose but I would start with the AGM minutes as others have indicated. For something to be a debt it has to be proven with something like an affidavit which would explain how it arose anyway (perhaps not in great detail).

 

[handyandy]

Hi all,

First of all, thanks all for your answer

1) No I haven't been paying my strata in time hence my strata in arrears

2) Do I have the right to get either the debt collector or the property manager to explain to me how the 8k has been come up with ? because neither the deb collector or the property manager can do that !! I m more happy to pay them off once they can explain to me how they come up with the 8k of my debt.

Thanks,

T

Seems like you keep speaking to the wrong people.

You need to speak to the strata manager of the site. They can give to a very quick explanation of how this debt came about.

The other place to seek info is from the minutes of the meetings that you have not attended. (already mentioned by a number of posters).

I would have thought that your property manager would have pointed you in the right direction but then maybe they are a little inexperienced.

Cheers

 

[starter]

I had a similar thing in Vic in that excessive levies have been raised without much explanation at all.

Go back through the notice for the AGM and see if any info is there. In Vic, special levies like this are required to be passed by special resolution and the text of the resolution needs to be in the notice to the AGM. If that hasn't been done (like in my case), you would have an argument that the levies have been raised without proper approval and are as such invalid.

 

[Trieu]

Hi all

sorry for the confusion..
the solicitor i was using in my post was referring to the "debt collector" (I don't have a representative on my side at all)

after demanding for the explanation of my debt ..Here is what the debt collector sent me
--------------------------from the deb collector-----------------
Dear Mr Nguyen,

We have again sought instructions in relation to your emails and are advised that the automated system calculates levies and interest owing and that the figure shown on the ledger provided to you is correct. We have invited you on multiple occasions to advise where you believe the ledger to be incorrect and you have failed to do so.

Leanne has advised that should you wish her to do a full reconciliation of your lot you will be charged for that at a rate of $220 per hour and it will form part of your debt owing. A full reconciliation could take a number of hours. Please advise within 48 hours whether you wish Leanne to do that reconciliation
------------------------------------------------------------------------------

Yes I have contacted my strata manager she told me it was the system calculated the debt ..but from the ledger it doesn't work out the right sum !! i just want to know
by laws ..
can I demand them the explanation how their system work out the amount of 8k ??

Much appreciate,

T

 

[The Y-man]

Man, how long have you been in arrears? Pretty serious if you have them sending it out to debt collection agencies!!

The Y-man

 

[rowena]

Ok the last letter you received from your strata should of said how much your current quarter you need to pay, and how much in arrears you were at the time.

Go and look at all your previous strata notices and how much you paid. Some stratas give discounts if paying before a certain date. So did you pay after that date, and only pay the discounted price. Make sure you read your strata notices fully. As because you have stated you paid after the due data means you would not been entitled to a full discount (If your strata does discounting...) and would also have to pay interest on every day you are late aswell.

A debt collector will add their own fees on. So the letter from the debt collector will say you are owing X amount from Strata and then add on their own fee to give you the total of 8 K.

As you have said, you have not been paying your strata fees on time.

Please go read your AGM notes, along with your strata notices and talk to the strata manager. They should be able to print out what you have paid, however there may be a cost to you for this information. Otherwise the AGM notices may have who has paid what for their strata fees for the financial year. Eg if unit 1 is paid, unit 2 is paid ahead, unit 3 is in arrears and so on.. it wont say it like that, it should show the financials of what has been paid by each unit owner. At least my agm notes show that as part of the financials to all unit owners.

 

[Trieu]

Hi Rowena,

After such a long dispute with their solicitor (or debt collector)
she refused to provide me the bread down items.

I have looked at their Strata statement it doesn't break down like my previous
Strata Statement at all.

I m wiling to repay the whole debt. But the fund is incorrect from my calculation
At the moment they keep telling me its correct and refusing to explain the statement to me (because it has been calculated by their system).

Should I hired a solicitor to dispute this case? (or what can i do from here?)

What are my chances? They can't just charge me $500 dollars for some discussion on the phone and emails to the property manager for an explanation of the strata statement which i didn't get ...

Thanks All,

T

 

[tobe]

Just pay the money. If you havent got the lot, ask them to accept instalments. if you havent kept up to date with the strata levies, and havent been attending the strata meetings, what else can you expect?

Seriously, your complaining about taxes from a government you didnt listen to during the election campaign, and didnt bother turning up to vote. You ignored the postal voting forms, and didnt keep the notices informing you of the tax owed, and now your trying to do something when you get a nasty letters from the ATO....

 

[Rixter]

Sow n reap and all that kind of stuff comes to mind here.

As previous posters have already mentioned, read the AGM and/or any Special Meeting minutes. It has to be all tabled in those meeting reports.

 

[Trieu]

Thank You for your answer but it looks like you don't understand my situation

1) you can't pay thing if it is not clear indicate in my strata statement

if I owed them 6k and they asked for 8 k do you pay for it ?

I have proved that they didn't deduct my payment more than 1.5k ...


2) I m seeking for help for un-reasonable Strata Manager Who can't explain to me why my sum has been added that much while my calculation was less than it.. is that my fault ? I m seeking for the break down items and none of the debt collector or the strata-manager can do it.. The previous strata-manager always send us the break down items ..


3) I come here to seek for the right advice ... I don't come here to so that you can tell me to pay up ...Please don't get me wrong . I m willing to pay the debt as long as they make sense


much appreciate

T

 

[luckyone]

If you can prove that you have paid that 1.5K already, why don't you show them that proof and get them to take it off the bill?

 

[handyandy]

If you can prove that you have paid that 1.5K already, why don't you show them that proof and get them to take it off the bill?

I think the point is that they have sent out strata levy notices they have also discussed the strata fees at meeting and the majority (at the meetings) had to vote to accept the strata levies to be raised.

The Debt collector and the strata manager are saying they will document something you should have been keeping track of yourself but it will cost you to compile.

Previous posters have already indicated that you should dig through the minutes of the meeting and all your strata levy notices.

Spread sheet the lot including the payments you have made and pay the balance and at that time indicate where you have previously paid including any proof of payments you have.

You can carry on forever (well you can't because they will eventually sell you up) but without you doing the work or paying for them to do your work this issue will never ever get resolved accept with you ending up in court fighting to try and keep your unit.

Throughout this thread you have never quantified the actual money you owe the strata so I suspect you are actually incapable of working it out in which case you will need to pay them to do the work for you.

I am over this thread!!!