Forums Levies and Unit Entitlements Current Page

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    MyAimIsTrue
    Flatchatter

       The long term Resident Owner of his Strata Titled unit in Sydney , NSW , died a little over 8 Months ago. His Levies for the Quarter he died during were paid. His Levies since that time have not been paid despite the Levy Notices being sent to his Solicitor , and reminder Notices being sent to his Solicitor. There is now almost 6 months of Levies overdue. He had no Relatives nor other Beneficiaries of his Estate in Australia. His Beneficiary Relatives are not Australian Citizens and live in their national home country overseas. His Residential Unit has now been advertised for Sale by Auction with a Sydney Real Estate Agent , and arranged by his Sydney based Solicitor.

      Our Strata Manager informed our Executive Committee that the Levies are payable on the Property and not on the Deceased Estate , that is the Strata Manager stated the overdue Levies are to be paid by the next Owner of the Unit after it is sold/bought. We requested the Strata manager obtain Legal advice for us on this matter , however he insists the Levies are to be paid as he initially informed us.

      It seems to us that it is unfair to expect a new Owner to pay Levies overdue on a property he/she did not own for the period of the Levies , and that a new Owner is likely to legally establish he/she is required only to pay Levies adjusted for from the Date of Purchase of the Unit { as did all other Owners here , myself included }.

      We need to know who is liable to pay the portion of overdue Levies adjusted to the day before the date of new Owner purchase ?

      If a claim has to be made on the Estate of the Deceased we will have to place that claim very soon , before the Unit is sold , because after the Sale the money will be sent overseas to where it will not be cost-effective to pursue a claim. 

      Do we have a Caveat placed on the Title of the Unit , or ?

      Please can anyone advise what the legal situation is , or advise any Links to information about this matter ?

    Reply To: Reply #23299 in Who pays the unpaid Levies on a Deceased Estate Residential Strata Unit ?
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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    Forums Levies and Unit Entitlements Current Page