#18659
scotlandx
Strataguru

    I don’t agree with Whale’s position (which is very unusual), because the legislation refers to amounts recoverable from the owner.  Without going into all sorts of legal technicalities, I don’t beiieve that this invoice would fall into that category.  In that respect I would distinguish it from say, a court order to the effect that an owner has to pay an amount, or an agreement between the owner and the OC that the owner will pay something (e.g. an owner has agreed to pay maintenance costs for a part of common property for which they have exclusive use).  What you would be looking for in terms of an amount recoverable from an owner, is a debt for which they are liable in legal terms.

    If the OC could raise invoices against owners for miscellaneous repairs etc., you would open the door to abuse.  I don’t think that is the intent of the legislation, which is badly drafted.  As SlapShot has pointed out, it is ridiculous that he/she can have an invoice sent to him/her, and then be told it is not open to discussion.

    SlapShot – it is up to you what you do, and also whether you want to spend time on disputing it.  If you pay the invoice you are accepting responsibility, and of course the OC may do it again, e.g. claim that your tenants have damaged common property.