QLD Settlement of deceased estate Body Corporate fees

[JJay]

A settlement was made for a property to be transferred to the estate of a deceased and upon receipt of property, settlement monies paid to me. Court orders were made for this.

It was agreed that mum vacated the property and passes over keys on 28th October 2020, which has been done.

It was agreed the estate pay out existing mortgage, which has been done on 13th November 2020.

It was agreed the estate agreed to arrange all transfer documents, which has been done.

Mum received advice on 4th December 2020 that all had been lodged with Commissioner for State Revenue (OSR) to asses stamp duty.

On 18th December 2020 mum had advice that the OSR could not attend to anything until in the new year.

Mum has still heard nothing.

Question:
The property is in a complex of units and body corporate fees apply. There was no mention of this during the settlement and it was overlooked in the terms of settlement. Mum was self litigating. However mum was advised that the complete transfer would probably be all effective within about four weeks from 14th October 2020.
Body corporate have been seeking monies for this period which is after mum has vacated. Mum holds nothing of control over the property, but body corporate still continue to hound her for fees.
Mum sent the other sides lawyers a copy of the BCCM Form 8 for them to change the body corporate details to the executors, but the lawyers said they will do this in due course.

As it stands, mum has not had any access or is not allowed to use the property, she vacated as agreed, has signed and completed all documents required to make a swift transaction and is just waiting for settlement monies. Mum is in limbo with everything and with nowhere to live.

Who is liable for the outstanding body corporate.

Much thanks.

 

[Docupedia]

- What do you mean by a 'settlement'? Court/consent orders? Deed of settlement?
- Is there anything in the settlement which refers to 'outgoings'?
- Is there anything in the settlement about when possession is transferred?
- Is there anything in the settlement about how rates and water charges are being dealt with?
- Failing the above, what does the Form 24 (which accompanies the Form 1 Transfer) say about the date of possession and date of settlement?

 

[JJay]

Hi and thanks for your reply. I have attached the settlement (a trial date was set but this was the out of court settlement which was then made into a court order also). I have also attached the Form 1 but cannot locate the Form 24, I suspect mum has not been issued it yet. I do recall the other side asking about smoke alarms and so on which is needed information for the Form 24. Plus mum may have signed it at their office. I can get her to ask for it if you suggest to.

Thanks again.

PS. Apologies for all the black out.