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  • #11955

    Hello

    I hope anyone can help. my strata manager is holding a meeting to take action against my mother and I for causing a disturbance to other residents, in regards to a recording of myself using a swear word, only once and during the day and i was inside my unit. The recording is 30 secs long. the strata manager is alleging that i am causing a major disturbance to the enjoyment of fellow residents. I don’t see how. I had, in the period of a year and a half from november 2014 to august 2016, vexatious calls ranging from domestic violence to child abuse and everything in between made to the police: total number 45 and they found nothing in any regard. I mention this, as the police had no grounds to charge us. How does the strata manager have a case to take to NCAT for breach of by law?
    Also i was wondering if anyone can help me in the regards of levy notices, I have received a levy notice and the strata manager put the interest in strata arrears. I have asked for the calculation to how the figure was calculated but received no response. I have emailed the strata manager and said that putting the interest amount as strata arrears is misleading. Thank you

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  • #30579
    kaindub
    Flatchatter

      Dear potofgold

      Do you knoo what action the SM is contemplating?

      Initially the worst they can do is send yiu a breach of by law. What you do next determines their action.

      If they serve you with a breach of bylaw just accept it. But make sure you do not do any action which can be cinstrued as a breach of the by law. The notice is effective for 12 months. That means if hou are alleged to breach the bylaw you have been notified of, the OC can take younto NCAT. But they have you prove the breaches.

      A 30 second recording is not suffi ient evidence and is inadmissable as you did not agree to be recorded.

       

      In regard to the levies. The prescribed penalty interest is 10% pa simple interest. Pretty easy to work out. 

      If you do not pay your levy wiyhin 30 days of them being due, the SM will automatically charge the interest to your account. 

      There ws a recent case where the court determined that only if you were in arrears on your levies did you lose the right to vote. So if you did not pay the interest you could not be called unfinacial.  This just clarified the application of the Act. 

       

      However it seems to me that you have some enemies within your block. Perhaps one course of action you could take would be to attempt to make peace with whoever it is that is troubling you. You dont have to go to the extent of inviting then to dinner, but getting to the stage where they can exchange a “good day” with you may make all the difference.

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