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Hi, our gardener/general maintenance contractor has been charging us GST for 11 years without being registered. They have not sacked him but he has now stopped charging. Trouble is, the committee is not doing absolutely anything about it. No Letter of Demand. No sacking his company, no action at all. Strata manager’s hands are tied and after a year she is still saying it’s being resolved and committee hasn’t come to a resolution. Where can I got from here? Do we need an EGM to fire him? Get the numbers to have an egm and demand they chase for the amount to be refunded and also sack him?
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That totals up to a lot of owners’ funds over that whole period. I think doing it without being registered might even amount to fraud, of which the ATO and police might have some interest in. Without that I’d think he should be sacked if it is as you say – and these instances make me wonder what else have they been up to? If it was genuine naivity it still doesn’t let him off the hook, and I’d suggest your committee has an obligation to pursue him for it. I’d doubt it’s within their powers to just forgo collect of it, though I wonder if it was presented as a Motion to forgive it at the next AGM could that do so? What’s next might depend on what State you’re in but seems worth pursuing by the committee or by other owners themself. I wonder can he repay the amount that’s established (with interest) by pro bono or discounted future work?
in a franchise – I think that franchisee’s although they might not get to the $75k threshold they are asked/compelled to? Otherwise some franchisees are advantaged/disadvantaged.
I think another issue may be whether the scheme thought the service they were getting was worth the cost plus 10 perecent. If they think the gardener was being deliberately dishonest, they should sack him. Trust is a huge issue in strata.
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