June 17, 2020 at 8:08 pm #231330DonnaMember
i have read your Recovery of Costs draft by-law. Is this sufficient to be able to on-charge third party debt recovery charges to the lot owner. I am probably answering my own question as your draft by-law if for a “breach of by-laws” where levies are not contained in the model by-laws for a scheme but under the current Act.
Would not s86 (2A) be sufficient to be able to on-charge these fees to the lot owner under “reasonable expenses” when sending letters of demand (including the Strata Managers fees for such Administrative work) or costs associated with any Debt Recovery AgentJune 18, 2020 at 8:48 pm #231456Amanda FarmerExpert
As the failure to pay levies on time is not technically a by-law breach (unless the building has a by-law that says this!) no, the “enforcement costs” by-law template does not cover this scenario.
So yes, you answered your own question!
And in relation to s 86 – see my answer posted this evening to puppyluv’s question on exactly that same point: https://yourstrataproperty.com.au/qanda/topic/levies-in-arrears/
Amanda.June 21, 2020 at 5:09 pm #231535DonnaMember
Thank you Amanda for your reply
I have read the link to you have provided.
Would it be advisable to have a specific by-law written for OC’s to cover “Recovery of Costs – Debt Recovery Fees” ? Correct me if I’m wrong but I would think that this would just be a “control and management bylaw” whereby written consent would not be required by each lot owner to agree to the making of such a by-law?
It just seems all too unfair on an Owners Corporation that they have to go to such extremes to collect levies, but a lot owner can sit back quarter after quarter and not pay but expect that any attempt by the Owners Corporation to get them to pay will be “Free of Charge” and all other owners will cover the costs of such expenses whether it is the Strata Managers “additional fees” or a recovery agent.June 22, 2020 at 7:39 pm #231557Amanda FarmerExpert
Yes, many buildings do put a specific by-law in place along those lines.
You’re correct that written consent would not be required.
Amanda.June 22, 2020 at 7:50 pm #231569DonnaMember
Thank you Amanda for your time on this. Very helpful
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