| From: |
SP52948 owner |
| To: |
Robert Crosbie, Simon Wicks |
| Subject: |
List of Owners with second gas connection and rights to vote at AGM 2018 |
| Date: |
17/10/18, 10:34 pm |
Hi strata managers,
Based on collected accounting data, the following Lots need to
provide proof of full payments for second gas connection as pre
prescribed levies and 10% simple interest before the AGM 2018, to
be valid to vote or be elected on the Executive Committee.
The owners who did not pay full fees need to be aware that
this is much bigger problem for them when they try to sell the
property, due to the strata law:
SSMA 2015 Section 84:
84 Liability of persons other than owners for contributions
(1) If, at the time a person becomes the owner of a lot, another person is liable to pay
a contribution in respect of the lot, the owner is jointly and severally liable with the
other person for the payment of the contribution and any interest
on the contribution.
(2) A mortgagee or covenant chargee in possession of a lot is
jointly and severally liable with the owner of the lot:
(a) for any regular periodic contributions to the
administrative fund or capital works fund together with any interest
on those contributions, and
(b) for any other contribution together with
interest on that contribution taken to recover unpaid
contributions, if the mortgagee or covenant chargee has been given written notice
of the levy of the contribution, and
(c) for any costs payable as a debtor in respect of
enforcement action to recover unpaid
contributions.
(3) Subsection (2) does not affect the liability of
an owner of a lot for any contribution levied
under this section.
- BCS Strata Management self-reporting audit on 13 May 2014. Only
three owners listed:
3, 62, 147
All three members of EC at one time
or another, where Lot 62 failed to declare the date of gas
installation. Evidence exists that it started as early as year
2002.
All three of them were paying $55.00
per year whilst the prescribed levy was $220.00 per year (figures
include GST).
Three other owners actually admitted
having second gas connection but BCS Strata Management failed to
report it:
182, 192, 213
There is evidence of Lot 192 paying
PARTIAL gas levies in amount of $55.00 per year in 2007 (it was an
EC member at the time).
New owners of Lot 192 continued to
pay partial gas levies in few following years.
- Survey by maintenance staff on 21 March 2016:
3,59, 68, 102, 127, 144, 147, 148,
163, 167, 181, 182
- List published by Waratah Strata Management on 16 March
2017:
3, 8, 59, 62, 102, 127, 144, 147,
148, 163, 167, 181, 182, 194, 199, 206
- Lot 175, who is not listed in any report but evidence exists
that they paid PARTIAL gas levies as early as year 2002.
- Lot 154, who is not listed in any report but evidence exists
that they paid PARTIAL gas levies in year 2006.
- Lot 209 claimed reimbursements for private gas usage whilst
having second gas connection and stopped doing it when new tenant
moved in on 25 September 2014.
- Benefits to Lot 213 who claimed reimbursements for private gas
usage whilst having second gas connection for heating as per
approval at EC meeting on 21 April 1998, which Waratah Strata
Management failed to report in full detail at EC meeting in 2017
and 2018.
- BCS Strata Management sent invoices for gas levies for year
2012 and 2013 to the following Lots in July 2016 but charged
INCORRECT sum of $110.00 (GST inclusive), whilst the prescribed
levy was $220.00 (GST inclusive per year), plus 10% simple interest
per year:
3, 59, 62, 68, 102, 127, 144, 147,
148, 163, 167, 181, 182
- Lot 3 is a special case of undeclared second gas connection and
no payments of levies before year 2016, where they did not pay full
fees and full 10% simple interest since 1997.
Good night,