#18602
Whale
Flatchatter

    Minty – I think that your Strata Manager is going down precisely the right track by perusing the unpaid levies via a Collection Agency who will use the established procedures of the Local Court (Small Claims Div for amounts < $10K in NSW).  If the Court finds entirely in favour of the Owners Corporation (O/C), and that’s likely provided the fees of the Agency and the Strata Manager for chasing the debt (as opposed to for the unpaid levies) can be substantiated, then even if the Owner has insufficient funds to pay they’ll be required by the Court to enter into a payment plan. Other posts about the debt attaching to the Lot are correct, so even in the unlikely event that the Court process fails or is abandoned by the Agency, when the Lot is eventually sold the S109 Certificate that the Strata Manager will provide to a purchaser’s solicitor after exchange of contracts must list the levy and other amounts in arrears, and those will be paid in full to the O/C via an adjustment between the vendor and the purchaser at settlement.