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I am in Victoria: The AGM agenda notice has included a resolution for voting on whether there was penalty interest on lot owners’ fees arrears waived or reduced during the previous financial year.
Bearing in mind penalty interest of Fee arrears in accordance with section 29 of the OC Act 2006 was in place and could be charged and if the committee, at its discretion chose to enforce or ‘waive’.
The motion is as follows: ‘There were no instances where penalty interest on Lot Owners’ Fee arrears were waived or reduced during the previous financial year.’
The members resolved to vote and all were in favour of the motion.
YES 4/ NO 0
In context to OC Act 2006 S29 (4) & (3):
My query is> how can this be placed on the AGM agenda as a legitimate motion, particularly if the Manager, in fact, did charge the OC for sending out the ‘final fee’ notices on the arrears incurred within the relevant financial reporting year? And subsequently, then the Manager, in fact, sent out ‘waive’ notices against these arrears: Manager still benefited by incurring late fee charge to OC.
It seems odd that when it’s a fact, i.e., final fee notices were sent; Manager charged for sending out and then ‘waive’ notice sent exempting those owners from having to pay arrears –, then can the motion (as above) be considered legitimate and included in the AGM notice? – I question the integrity (acting in good faith etc) of the Manager for including on notice of AGM and when the Manager has made money from generating final fee notice on arrears. Is the motion on AGM notice valid or even logical – or is it perhaps an attempt to hide who had the arrears in the AGM notice / minutes and if the majority vote ‘No’ and if so, what I interpret to be (perhaps) ratified as a basic untruth and Manager not acting in good faith, and in the interest of the OC as a whole: or, can the Manager/OC lawfully hide arrears/waive notices and not include in AGM notice?
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