By Prof Graham Paddock

Prof Graham PaddockBelow is an example of two of the questions on the discussion forum on Paddocks Club. We want to show what is available to our Community Members!Unpaid levies and letting property?

Q1. A homeowner is in liquidation and has not paid levies for years. However, the property is constantly being let out so they are enjoying the benefits of the levies from other homeowners.
Is there any recourse except for the long legal battle, open to stop allowing tenants from renting or from us getting the funds towards the levies?A1. The bad news is that there is nothing you can do at the moment to avoid the legal process. Hopefully the owner will need to sell and will then have to pay up to get a clearance certificate. And I presume that there is interest running on the arrears.The good news is that one of the orders a Community Scheme adjudicator will be able to give is a “rental diversion order” which will oblige the tenant to pay rent to the HOA until the arrears are settled. Have a look at clause 39 of the CSOS Bill in the Paddocks Club Library under Pending Legislation if the detail interests you.

How much notice must be given to postpone an AGM?

Q2. The Act states that at least 14 days notice must be given of a AGM to be held, more than two weeks notice was given but with the wrong date (two days earlier). Can the AGM be moved two days ahead by way of further notice within a week from the actual AGM as per the first notice sent out?

A2. The prescribed rules do not make provision for postponing a meeting, so you can’t send notice that the meeting will be held later than it has been called.

But you could send a notice telling people why it is better to have a meeting at the later date and asking them to send proxies directing two people who do turn up to postpone the meeting to a later date. Of course if on the day more people turn up and want to meet than want it postponed, it must go ahead as originally called.

Article reference: Paddocks Press: Volume 6, Issue 8, Page 4Professor Graham Paddock is now only available to answer questions on the discussion forum for Community Members of Paddocks Club. Get all your questions answered by joining Graham on this community platform. Join Paddocks Club at article is published under the Creative Commons Attribution license