Hi All,
Well six months ago the settlement for a unit ocurred. I recentlyy rang the Strata Manager to find out why I haven’t received any invoices for strata fees etc.
His answer – he didn’t know that ownership had changed. He had NOT received a form 28.
I rang the settlement agency who handled this deal and it seems that they didn’t complete one so no apportionment of strata fees occurred at settlement either.
The settlement agency then sent a letter to the strata manager advising I was the new owner, however, he is not happy with this and wants a form 28. The settlement agent say it’s too late to do a Form 28 as settlement has been completed etc.
So, they are at a standoff, does anyone know the correct action that should now occur. I’m inclined to think that the settlement agent should probably still do the Form 28, if I owe monies due to the strata fee apportionment occurring, then I probalby need to pay this to the previous owners (via the settlement agents involved of course). However, my problem is the stand off and as I’m “not sure” what a Form 28 even has on it, I am just assuming this should be the action.
Does anyone have any experience in these matters that can advise if this is what should now happen?
Thanks
PKForm 28 and 29 should be provided by the vendor prior to signing of the contract. I can scan off a copy for you if you want.
If I knew then what I know now……….you know how it goes
Thanks Act Today. After much ringing around, we have got it sorted, it appears that the settlement agent should have ensured this was done and they should have charged us for 6 months of the strata fees and reimbursed the previous owner that amount. I had stopped using this particular agent after that settlement due to other problme that had accurred during the settlement, this just proves it was a correct choice.
Regards
PKMissKiss,
Your solicitor should work all of this stuff out for you- you shouldn’t have to haggle with PM’s and strata managers about it. Disbursements to the solicitor include such things as them transferring water costs to you and you having to pay any levy outstanding or any cost outstanding to former owners. But all this should come out of your loan.
On letters sent to me by my solicitor, it has “$blah made to McKenzie for water up to blah date” or something like that- about all costs- including strata levies.
Your bank and solicitor work it all out for you. Poke him or her and do some blaming- it’s good for your soul
)kay henry
Hi Kaye,
I agree with everything you said. However the settlement agent (that’s what’s used here in WA) has not been helpful. Anyway to cut a long story short, it’s sorted and I’ve sent the settlement agent a bill for my time.
We’ll see what sort of response that gets!
PK
Glad you have it sorted Purple Kiss. It never ceased to amaze me how slack the legalities are in WA. Something like you have had to put up with would never happen in one of the States that have Solicitors handling property transactions. For those in other States, can you believe we do not even have Requisitions on Title over here.
If I knew then what I know now……….you know how it goes
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