[JMM]

Thank you both.  Feeling much more empowered by your sensible and clear advice.

[JMM]

I’ve checked the management agency agreement (November 201 6 September model) and there is a clause that says:

”Expenses and charges
Building Notices & ByLaw Breach warning $55 Per request (potential recovery)”

It does not say who this is charged to.  I would assume that since this is an agreement with the OC that is to whom the charge be applied, not the individual Lot Owner, though “potential recovery” suggests there could be follow up with the person accused of being in-breach.  This is probably why I have received the invoice though the makeup is not clear).

Would being found not to be in breach by the tribunal make the charge to the individual owner invalid?

[JMM]

Many thanks for such swift responses – I’m in NSW.  Apologies for not being more specific, I’m attempting to be objective and didn’t put enough detail.

I have been issued with an invoice from our strata manager claiming the cost of issuing notices to comply with 3 strata by-laws.  The email says:

“Please find attached an invoice due for payment on (same day as email).”

Attachment says “Miscellaneous tax invoice on behalf of the owners of SP xxxx.  Lot x:  Notices to Comply – date of meeting.  GST $30.00 Total $330”. Cheques should be made payable to The Owners xxxx”.
There is no commentary indicating why the fee is attributed to me or whether it is the whole fee or my share of a fee being split amongst the other Lot Owners.

Background:
I received 3 notices to comply with by-laws on 1 October generated by the strata committee meeting of the owners by written vote only.  I am an owner and abstained noting conflict of interest as the vote was for/against a motion against me. The complainant didn’t reveal themselves!

The owners are furious at my supporting council in a separate issue relating to our strata non-compliance with a DA condition and resultant fine. I am being blamed for this because I unwittingly drew council’s attention to our no DA when pursuing another matter.  Our strata has not taken the directed action and now has a $6000 fine (strata manager/secretary have apparently ignored the notices…).  I am now the subject of vexatious complaints.

It seems I’m being charged for the administration of the notices to comply with the by-laws and it is the legality of this for which I am asking the hive-mind.

[Author]

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