Charged penalty interest after agent failed to pay levies

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  • 21/07/2021 at 4:35 pm #57258 Reply | Quote
    Neutron

      I just found out that strata levies have not been paid for 3 quarters for a townhouse we rent out. We have an Agent who manages everything including payment of levies. He receives all the mail including levy notices.

      There has been a change in Agency ownership(staff the same) Strata Manager continued to sent notices to old agent.Strata manager stated emails have not bounced back.

      According to agent strata manager was nofied of change. Who is responsible for payment of interest payable on overdue payments. Quite a bit at a rate of 10%pa. Any thoughts?

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    • 21/07/2021 at 4:42 pm #57260 Reply
      Jimmy-T
      Keymaster

        The 10 per cent penalty notice is a statutory amount but the owners corp can decide to waive it if you ask them to.

        And even if they don’t you can apply to the Tribunal if you think they should have waived it because it was a genuine error.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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        21/07/2021 at 4:44 pm #57261 Reply
        Neutron

          Shouldn’t the Agent be responsible. The agency ownership changed. The actual staff handling my property did not change. I was told that although there was an agency ownership change everything would be as before.

          Also, I was just advised by the Strata Manager that the only way interest can be waived is to present a motion at a General Meeting for the Owners Corporation to vote on.

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          21/07/2021 at 4:45 pm #57262 Reply
          Jimmy-T
          Keymaster

            Yes, but the committee could waive the interest charge subject to approval at the next general meeting. And, yes, the agent has to take some responsibility for not paying the levies on time.

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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          Reply To: Reply #57261 in Charged penalty interest after agent failed to pay levies
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