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I had a few owners drop into today. They were concerned that they have not been sent a levy notice after the recent Annual General Meetings (AGM).
The AGM voted to allow payment by four instalments and so i explained that the Owners Corporation (OC) / the Executive Committee (EC) / the Treasurer need not send out a levy notice as s78(6) of the strata Act says;
(6) Regular periodic contributions to the administrative fund and sinking fund of an owners corporation are taken to have been duly levied on an owner of a lot even though notice levying the contributions was not served on the owner.
In plain English this section means that the resolution at the meeting is when the levy notices are deemed served.
This makes things interesting because the EC / OC is under no obligation to supply copies of the AGM minutes until it sends the next general meeting notice. Someone can ask for them but there is nothing to compel the OC to comply with such a request.
So how do people not at the AGM know what the levy is if the OC doesn’t need to send a levy notice and they may not see AGM minutes until notice of the next general meeting?
It is already past the due date for the first payment. It could easily be the case that the first thing an owner knows is he/she is getting a reminder notice and getting charged extra for it.
Should the Act be amended to require the minutes of annual general meetings be sent before the date of the first installment if an AGM decide to pay by installment? That seems fair enough.
Should there be a prompt time frame to send the AGM minutes regardless of how an OC decides to handle its levy payments?I have never liked the way there is no need to send AGM minutes promptly.
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