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Hi PeterC
I am on the EC and I have asked these questions of the Strata Manager. It is just a single person who does all the work, including treasury work. I am absolutely sure the reason for the difference is the lack of payment of accounts from other owners. The budget done at the last AGM showed sufficient funds to cover all costs and extra for R&M, but no explanation for shortfall.
SM takes forever to answer emails and calls. SM has yet to answer me and no calls have been returned. I have sent an email every two weeks and called once a month (not wanting to bombard the SM) Communication is not SM biggest strength. I feel like as a Strata we are paying $1,500 per year for SM to issue invoices and pay bills. (sorry rant over)
I can not find anything in the By-Laws that says anything about the use of Special Levies.
The levy was paid to specifically fixed this repair and it has not been done and now more delays. With Council Rates due within 2 weeks, I do not have spare cash to help prop up the accounts for the lazy sods who do not pay…
It sounds like you just got a fob off or the stand in receptionist for the day.
Not knowing what Council you live in I just went to the Sydney Council webpage and typed in Neighbourhood Noise. (I generally find they all list the same State Law compliance information) It opened a word document listing out the various information. If the noise is outside the restricted time then the offender is required to comply with The Protection of the Environment Operations Act 1997 (POEO Act), then take a log of the noise and send into the Council. Being state law all residents and tenants (with signed lease agreements) must comply. My suggestion would be to call again and ask to speak to someone in regards to neighbour noise. Not just the front reception person.
I would start a noise log and go through the councils page & notes regarding noise look through all the various links. Focus on what your specific noise issue is, ie music or barking dogs. Look through the various documents – even if that means state law documents. Make sure you have all the information to prove your point. Also look at other Council pages, some go into more detail about some areas than others and this may be helpful.
I am in WA and we have the State Environmental Protection Act of 1997 which states that for example any music (including music with a defined base) that is audible at that boundary of your property then it is too loud. Any time of the day.
They do mention that if you are in a Strata then to go to the CTTT. I have had discussions with a Strata Law specialist in WA and he said that the Councils and Police have far more power to make them comply with the law than Strata. Sounds silly but he said that was the way it worked.
Don’t give up and record everything. For me all I need is one powerball
If your Strata is registered for GST then everyone should have GST charged on the levies. If the Strata is not registered for GST then no one should have GST charged on the levies. You can not simply pick and choose who gets charged GST and who does not. Certain items under the GST Act do not attract GST however Strata Levies are not part of this.
The GST is collected by the owners by the Strata Management on behalf of the ATO and then each month/quarter/ or annually is paid to the Tax Office. This is also reported on the Business Activity Statements the ATO sends out.
The simplest way to see if your Strata is registered for GST is to go to:
It is a government website that lists all entities with ABN (Australian Business Numbers) and the GST registration. If the Strata is or was registered for GST then the Strata should have an ABN.
As for the ATO coming down hard. I will be honest – in my dealings (as a tax accountant) with the ATO there is absolutely no consistency with the way they deal with issues and fines and penalties. The main issue would be if your Strata is over the threshold to be registered for GST and is not on charging GST. However since Strata’s only need to lodge income tax returns for non-mutual income such as interest earned on money sitting in a bank account the chance of the ATO finding out is remote. They have bigger fish to fry.
I would first look at the website and see if the Strata is registered for GST. Your Strata then will need to determine whether they need to be registered. If they are sure they are under the threshold then they do not need to be registered.
Get the GST sorted and it should sort out the one payment issues.
Hi Guys
Thanks for the quick reply.
I thought as much and was also stunned when my Strata Manager forwarded the email and asked me to consider it. As pointed out I was worried what ever they had done to break their house and electricity meter they may do to mine.
Still no response from my Strata Manager – which is business as usual with her.
Thanks…
