This week, Reena shares an unusual challenge: what happens when the developer sets aside your car space for disability parking in order to meet a DA condition? I question the meaning of “financial year” in the strata context, and we both celebrate client wins relevant to successful insurance claims.  
 

 

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2 Responses

  1. What type of must is the must of s 18, a mandatory, a prescriptive, a directory, a procedural, other?
    Must is such an ugly term in the SSM Act. Can’t really know what it means in any particular section until the Courts say what type of must any particular must is.
    So much for cognate terms.

  2. I’m going to take Rena to task on something she said in this podcast
    She said that after the levies are determined, there needs to be a 30 day notice period for the levy notice,
    I can’t find any such reference in the SSMA
    Section 83 says
    (3) Any contribution levied by an owners corporation becomes due and payable to the owners corporation on the date set out in the notice of the contribution. The date must be at least 30 days after the notice is given.
    And
    Section 85 says
    (1) A contribution, if not paid when it becomes due and payable, bears until paid simple interest at an annual rate of 10% or, if the regulations provide for another rate, that other rate.
    The act does not specify any notice period for levies. My reading is that interest starts to accrue 30 days after the due date, irrespective of the notice period.
    I think in the industry its a courtesy to give people adequate notice, Rena did also say that most people are financially illiterate (and live pay packet to pay packet)

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