VIC Delayed Body Corp Bills

Discussion in 'Property Law Forum' started by S Apples, 5 August 2017.

  1. S Apples

    S Apples New Member

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    We're in the middle of finalising a sale on an investment property we own. As our body corp has been notified of the sale, they have requested 6 years of body corp fees to be paid.
    We've never been invoiced and our property manager who has looked after the property for the entire 6 years has never passed on an invoice or taken it out of the monthly expenses along with their management fee.
    I'd love some advice as to whether we legally have to pay these invoices or whether 6 years is too late to issue fees. Thanks!
     
  2. Rob Legat - SBPL

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    I'm a Queensland lawyer, not a Victorian one, and the laws may be different. But, on general principles:

    1. Your property manager would not usually know about the body corporate levies, unless they were being sent to them. Even then, it's not usual (at least in Queensland) for the property manager to handle that sort of thing.
    2. It sounds like someone stuffed up somewhere if your back levies have gotten to that stage.
    3. I would guess it's possible the levies haven't been paid for more than 6 years. I think it's too much of a coincidence they're claiming exactly 6 years and the statute of limitations for contractual matters is usually 6 years.
    4. To add to 3, yes they can make you pay the 6 years worth of fees. You might be getting out of it cheaply if I'm right about my comments in 3.
     
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  3. Rod

    Rod Lawyer
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    To add to what Rob said:

    1. In Vic you can negotiate with the agent to pay body corp fees on your behalf. They don't have to, just depends on your negotiating ability.
    4. Though they may have a hard time justifying late fees or interest. If they are not trying this it probably means they have advice saying they stuffed up.

    Recommend you pay up. As Rob said they have 6 years. This is a case of an enforceable contract where when you buy a property with a body corporate you automatically become a member.
     
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