by Allison | Aug 8, 2014 | By-Laws, Legal Alert, NSW
Many lot owners, particular those in older strata schemes, do not know what by-laws apply to their scheme. While the Secretary of the Owners Corporation is required to keep a record of all the by-laws in force in the scheme this record may not always be accurate. Why?...
by Allison | Aug 7, 2014 | ACT, Legal Alert, Levies, Levies, NSW
In July 2014, Australian Security Investments Commission (ASIC) and Australian Competition and Consumer Commission (ACCC) jointly released a publication entitled “Debt Collection Guideline: for collectors and creditors” (the Guideline). The Guideline is a timely...
by Allison | Jul 21, 2014 | ACT, Legal Alert, Levies, Levies, NSW
Once judgment has been granted in a levy recovery matter the Owners Corporation should seriously consider applying for the issue of a bankruptcy notice. When is a bankruptcy notice possible? To obtain a bankruptcy notice in levy recovery matters the judgment debt must...
by Allison | Jul 15, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed these processes when sending meeting notices and levy...
by Allison | Jul 8, 2014 | ACT, Case Review, Levies, Levies, NSW
In a recent Local Court case, the court had much to say on what was considered ‘reasonable’ legal expenses and ‘reasonable’ conduct in commencing levy recovery proceedings. The court was critical of the managing agent & the Owners Corporation and found for the...
