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[convexity]

Hi All,

The Owners Corporation has agreed to pay me rental compensation, but after 2 years of holding these funds have yet to pay the amount out (despite acknowledging the amount) due to an uncooperative part owner.

As such, strata levies have not been paid for 2 years either.

I was hoping to take the issue to NCAT to have the Owners Corporation offset rental compensation owing against strata levies payable.

Is this even possible and what sections of the Strata Management Act would be applicable? I am not sure where to start with this one and as it is unique, google isn’t helpful.

Thanks

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[Jimmy-T]

An uncooperative part owner?  Does this mean the strata scheme isn’t sure who to pay the money to?  In any case, you should not have stopped paying the levies.

What you owe in levies and what the strata scheme owes you in compensation are two different things entirely (although you could come to a formal agreement to offset one against the other).  That said, this is not a decision you can take unilaterally.

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[convexity]

I agree levies should not have stopped being paid, however the predicament is:

1. The other owner won’t pay their levies (I am more than happy to pay my share); and
2. The other owner won’t allow the payment of rental compensation either.

In other words, the other owner is just blocking everything to be difficult.

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