I have a investment property in hawthorn run buy body cooperate and real estate agent look after the rent. On March 11th

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Customer: Hi, I have a investment property in hawthorn run buy body cooperate and real estate agent look after the rent. On March 11th 2020 I received a e mail from body cooperate which send it to all the owners of the property stating that some of the occupants in the building dump rubbish outside the bin area. It included 5 photos. On June 19th I received my annual body cooperate fees (after nearly 3 months from last e mail) and it had extra $562.00 fee included Breakdown of the fee- Extra levy for BC to review cctv footage-$183.00 Extra levy for the camera tec-$184.00 Cleaner to remove the rubbish-$201.00 After that I contact the estate agent and they informed me that Body cooperate send a bill to them on April 13th (after one month of but by then my tenant have vacate the apartment. Then I ask the video footage to have a look and I noticed, 1)Video footage does not show that tenant dumping rubbish outside the bin area. It shows the tenant going inside the bin area. 2) Also the tenant carrying dead plant (on a small trolley/ some cardboard boxes/mop) which not in the photos (which means the tenant must have put that in the bin) 3) But the photos that Body cooperate send had 4 blue cousions/2 wooden cupboards/electric mop /does not show in video footage carrying by my tenant. I noticed the mop my tenant was caring was in a corner. Other than that all the other items I think some other tenant must have put it there and body cooperate trying put the blame on my tenant and get the money out of me. I hand over complaint letter to body cooperate regarding this matter and I felt they tried bully me buy saying that “next time we will charge you $2.000 “ Am I right to refuse the extra fees ? If you can help really appriciated Thank you Dayan Gunapala -****

JA: Because laws vary from place to place, can you tell me what state the property is in?

Customer: victoria

JA: Has any paperwork been filed?

Customer: yes i did a oweners cooperation complaint letter

JA: Anything else you want the Lawyer to know before I connect you?

Customer: no thanks

Answered by John Melis in 2 hours 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Dayan, concerning your important matter about the issues associated with the body corporate and your investment property in Hawthorne, where you cannot resolve this matter amicably with the body corporate, what you can do is commence proceedings in the Victorian civil administrative tribunal and I suggest you consider the following steps first

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.vcat.vic.gov.au

You may also consider the option of using the small business commissioner as well.

https://www.vsbc.vic.gov.au/about-vsbc/about-us-and-what-we-do/

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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