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  • #10734

    In my block one owner owns 8 of the 12 units. He has unpaid levies dating back to December last year. Does that block him from voting at an AGM or can he vote as the owner of one of the units that is not overdue?

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  • #25763
    scotlandx
    Strataguru

      If the levies for one or more units are paid, the owner can vote at the AGM in respect of those unit entitlements.

      #25765
      Lady Penelope
      Strataguru

        I agree with scotlandx. I would also add that if the person in arrears settles his account at the Meeting then he will be able to vote on ALL of his Entitlements.

        But beware of Cheques, B Pay etc ….. they may be problematic.  See here: https://www.lookupstrata.com.au/nsw-owner-unfinancial-levies/

        #25770
        Jimmy-T
        Keymaster


          @proudsceptic
          said:
          … if the person in arrears settles his account at the Meeting then he will be able to vote on ALL of his Entitlements.

          But beware of Cheques, B Pay etc ….. they may be problematic.  See here: https://www.lookupstrata.com.au/nsw-owner-unfinancial-levies/  

          Many strata managers and secretaries will refuse to accept any payment at the actual meeting unless it is in cash or by bank cheque.  It is too easy for a delinquent owner to offer a cheque and then cancel it once the meeting has been held and theiir votes have been cast.

          Some strata managers won’t clear debts until the money is in the OC’s bank account (especially if the late payer is the treasurer). If anyone has an issue with this, you can point out that the timing of the payment is their choice and they have had plenty of opportunity to put things right.

          You should also make sure the multi-unit owner is being charged penalty interest.

          And to add to ScotlandX’s comment, the multi-unit owner can only vote the Unit Entitlements of the properties whose debts have been cleared. If they do make a payment, it has to be directed to the account for a specific unit and they can then vote as the owner of that unit, and that unit alone.

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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