The owners corporation is duty bound to keep the common property in good and serviceable repair and cannot defer this obligation because one owner is unfinancial.
If a special levy is required so that financial owners “pick up the slack”, then that should be done, even if the financial owners feel hard done by.
Separately, the owners corporation is obliged to recover unpaid levies, including the contribution to the special levy. Allowing an owner to remain unfinancial for 10 years is poor performance and may mean that some of the older levies are unrecoverable.
Irrespective, the owners corporation should promptly issue a Statement of Claim to recover the unpaid levies and costs and then obtain default judgment. Once it does so, it can garnish the rent to pay the debt.
David Sachs | Principal
Sachs Gerace Lawyers | Level 4 • 80 William Street • Sydney East NSW 2011
T: +61 2 9331 5177 M: 0448 300 094 P: GPO Box 876 Sydney 2001
E: sachs@sglawyers.com.au W: http://www.sglawyers.com.au