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  • #74384
    Maltman
    Flatchatter

      I am on the EC for the strata in an art deco block of 6 units.  The building had a fire order slapped on it 4 years ago (when a vexatious owner sold and we think reported the building to council as a parting gift). T

      he cost to bring the building up to the required standards is around $100K – which we have been adding as a special levy over the years. One owner occupier is now in $15K of arrears and we are proceeding with the legal option – she is in and out of care, has no known relatives and is very difficult to support (over the last 10 years, 3 of the other 5 residents including myself have taken AVO’s out against this woman!).

      We have always tried to be supportive despite the difficulties, but other owners are now in their own financial hardship (one owner actually died of Covid) and unable to keep covering her debts as we have the final stages of the fire order to fund, as well as the ongoing building maintenance projects.

      The support worker we do have contact with says that they cannot speak to her about financial matters.  We do not want to cause her undue hardship but we are not sure of ways forward, beyond allowing the debt collection to proceed to the next level.

      I did not win the $150M powerball last night – so need some brainstrust on potential alternatives. Thanks!

    Viewing 7 replies - 1 through 7 (of 7 total)
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    • #74392
      TrulEConcerned
      Flatchatter

        I suggest you get legal advice from a lawyer specialising in strata law.

        Find a couple of firms and ask for quotes. Make clear what you objective is e.g to collect the arrears in full come hell or high water. Don’t suggest that you’re open to payment plans or the like.

        Be specific when you relate the FACTS of the situation. Include copies of a paper trail.

        Just my 2 cents.

         

         

        #74394
        Jimmy-T
        Keymaster

          Make clear what you objective is e.g to collect the arrears in full come hell or high water. Don’t suggest that you’re open to payment plans or the like.

          Seems harsh.  My suggestion would be to contact Marrickville Legal Centre (MLC.org.au) which helps older people suffering financial hardship with strata issues in NSW.  They will know a way to go with this where an equitable solution is achieved, and the scheme gets its money.

          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.
          #74440
          The Hood
          Flatchatter

            I will just mention 2 cents rounds to nothing these days.

            “The legislation has always envisaged that generally, strata schemes would be managed by ordinary lot owners for their own benefit. …”
            J Bordon: Nulama Village P/L v Owners Strata Plan 61788 (Strata & Community Schemes) [2006] NSWCTTT 550 (25 September 2006)

            The idea of running off to the lawyer is just not in keeping with that objective.

            Reverse mortgage could be an option but you need to find some way to communicate with her.

            And:
            Blame the vexatious owner for the OC not keeping up with its s 106 (fire) obligation.
            If your building burnt down then that would have been fun with the insurer.
            I think you should thank whoever brought the matter to your attention.

            #74446
            Jimmy-T
            Keymaster

              The idea of running off to the lawyer is just not in keeping with that objective. Reverse mortgage could be an option but you need to find some way to communicate with her.

              That’s why I mentioned Marrickville Legal Centre which helps older people in NSW strata deal with problems and puts them in touch with the services that can help them. They may well know a service that  is better equipped to communicate with this neighbour.

              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.
              #74517
              kaindub
              Flatchatter

                One cant approach a lawyer, in this case Marrickville Legal Centre on behalf of another party without the approval of the third party.

                So thats not an option.

                Its clear this woman requires third party help. However having been through a similar situation, though not as nasty let me tell you the system is broken

                Unless one is a member of the clergy, a doctor, an immediate relative or a policeman, one cant alert the appropriate help centres of this persons plight. I tried many avenues and was shown a closed door. (it was resolved when the woman got pneumonia and was hospitalised and the doctors would not let her return home)

                We all try to be kind to one another, but I feel in this case that legal action to recover the money is the only way to go.

                #74523
                Jimmy-T
                Keymaster

                  One cant approach a lawyer, in this case Marrickville Legal Centre on behalf of another party without the approval of the third party. So thats not an option.

                  So you’re saying, no one can call MLC and ask if they know any agencies that might be able to advise and help?  Seems highly unlikely to me that they would throw an old lady under the bus rather than hand over the phone number of someone who can help.

                  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.
                  #74544
                  Coniver2
                  Flatchatter

                    Maltman wrote

                    “The support worker we do have contact with says that they cannot speak to her about financial matters.  We do not want to cause her undue hardship but we are not sure of ways forward, beyond allowing the debt collection to proceed to the next level.”

                    Aged Care Team Support Workers clearly have a duty of care and should  be aware that this elderly person is at risk of being evicted if the other owners were to pursued legal action  for bankruptcy

                    The  Office Of the Protective Commissioner was merged with the NSW Trustee & Guardian

                    The NSW Trustee & Guardian is appointed by a NCAT Financial Management Order as a statutory financial manager  , very similar to a CSM when a strata scheme is determined as disfunctional

                    During my 15 years with the OPC I recollect  a situation when a elderly person got locked out of her unit as no one  was prepared to act as an applicant for a Financial Management Order , usually either support workers or a person responsible act as an applicant for a FMO

                    In this case that person responsible can  be either a support worker, & also a strata committee member , as  there seems to be no family or close friends

                    However ,  in this case the support workers supervisor may need to be contacted by the Strata Committee to review the need of an application to NCAT for an FMO appointing  the NSW Trustee & Guardian as this persons statutory financial manager

                    This statutory financial manager will  assist this aged lady with the resolution of the unpaid levy , therefore avoiding legal proceedings , bankruptcy and potential eviction

                    JT is on spot on with his advice to refer to MLC , I am also aware that the Salvation Army had and may still have a service to assist persons with financial problems

                     

                     

                     

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