Resolving disputes with other residents
Share on linkedin Linkedin Share on facebook Facebook A personal approach to body corporate management Relationships are the foundation of our business, built on the
Check out our Complete Guide to Body Corporate Levies
If a body corporate decides that a payment plan is not available to an owner, that may be for one of the following reasons:
The body corporate committee may then decide to use the body corporate’s debt recovery powers and to pursue the debt via the Queensland court system.
If an owner has a payment plan and then fails to make the regular payments, that will generally result in formal debt enforcement proceedings.
Cause and explanation | Recommended recovery plan
|
1. Owner has forgotten to update contact details
Owners and agents can change their mailing, residential address or email address and forget to notify the body corporate. | Payment plan is generally recommended |
2. Property was sold but transfer forms not completed
More common with interstate owners and conveyancers who may be unfamiliar with Queensland body corporate law, or the information held by the conveyancer and provided on the form may be incorrect. | Payment plan is generally recommended |
3. Administrative error by owner/rental property manager
Owner may not be aware that rental property manager is not deducting the levy payments from the rental proceeds. | Payment plan is generally recommended |
4. Financial hardship (e.g. loss of work/income)
The owner is unable to meet their household expenses due to income loss or other financial difficulties | Payment plan is generally recommended |
5. Refusal based on disagreement with committee
In some cases owners refuse to pay levies if the owner did not agree with the reason for the levy (e.g. if the owner voted against a spending motion at the AGM but the motion passed anyway). | Legal debt recovery is generally recommended as early as possible |
6. Owner unable to be contacted or traced at all
Owners may move overseas permanently, or pass away without a will, in some cases these debts can be very slow to recover but are still recovered with a very high degree of success.
If the owner is a corporation which is de-registered this is also a very lengthy legal recovery process. | Legal debt recovery is generally recommended as early a |
The following factors are considered when a payment plan is requested:
If a lot owner actively refuses to pay their levy contributions (for example if there are other disputes between the body corporate and the owner), a levy payment plan is generally not approved.
Share on linkedin Linkedin Share on facebook Facebook A personal approach to body corporate management Relationships are the foundation of our business, built on the
By-laws are the set of regulations established by a body corporate to oversee and regulate how a body corporate should operate. Your scheme’s by-laws are found in Schedule C of your body corporate’s Community Management Statement (CMS).