Withholding Maintenance due to Arrear Levies

Mrs X is not paying her levies - we have proceeded with action but surely, we can refuse to entertain her maintenance requests until her levies have been paid to date?

The short answer – No

 

Eventhough an owner is in arrears with his/her levies the Body Corporate cannot withhold services from that owner.  The maintenance still needs to be done – insurance claims still needs to be attended to etc.  The arrear levies should be address by taking action on it – either through CSOS or through legal action.

Quote from the STSM Act: 

There is nothing in the STSM Act that gives the Body Corporate the right to withhold services from any owners as a result of them not paying their levies.