An owners corporation in Victoria under the Owners Corporations Act 2006 has a common fund levy that a lot owner has not paid for over two years. What enforcement mechanism is available to the owners corporation?
Correct Answer
A) Recover the unpaid fees as a debt through VCAT, together with penalty interest and costs.
Under the Owners Corporations Act 2006 (Vic), fees are a debt owed by the lot owner to the owners corporation. After giving the required final fee notice, the owners corporation can apply to VCAT to recover the unpaid fees, together with any penalty interest and reasonable recovery costs, and then enforce the order. Unpaid fees must also be shown on the owners corporation certificate if the lot is sold.
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