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Hello. I received a Miscellaneous invoice from the complex’s Strata Manager requesting payment of an invoice for repairs done to a common property gate due to damage they claim was made by our removalist van when we vacated. The invoice to the EC states there is a call out fee, labour, lubrication and a ground stop amounting to $312.00 + GST. Their invoice to me states ‘Unit 19 damage to gates caused by van Mar 13’. I replied with a letter stating the gate was broken prior to the van opening the gate and we have a photo of the gate being kept closed with a brick pillar. The removalist did notify us when they opened the gate that the arm was broken prior to them opening the gate. We requested a scope of works ande ngineer’s report on the nature and cause of the damage, from the Strata Manager who then returned with a letter stating ‘my letter had been forwarded to the Executive Committee who gave it due consideration and advised they do not wish to enter into any correspondence regarding this issue as they consider it to be a matter between myself and the removalist’.
Since our removalist was only on the site on 8th March and not the 13th, can we deny liabilty altogether?
They then went on to state ‘the amount will therefore remain on my account until it is paid and it will bear interest. It then went on to state ‘As per the legislation, if there are amounts outstanding on my account at the time of the general meeting, I will be deemed unfinancial and will lose my voting rights’.
What is your advice regarding this please. We are still the owners of the unit and have chosen to vacate and rent it out until this Executive Committee have moved on. As it is an over 55’s complex, we hope this will be soon.
If I pay the invoice, does that indicate I accept responsibility for the damage? As the unit is being leased, I can negative gear the cost so will not be out of pocket.
I am prepared to take this to CTTT but do not want to be classed as ‘unfinancial’ should an EGM be called prior to the case being heard. I would seek costs plus interest of course. Should I obtain statutory declarations from the removalist company and other owners in the complex regarding the gate indicating they were aware the gate was broken prior to our removalist van being onsite? Do I just complete the CTTT form and present it to the Strata Manager?
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