Maintenance none Payments

[oldfogy]

On a serious note.
It up to a owner to prove that they have paid their maintenance for a specific period that is being requested or up to the complex to prove a person has not paid?

For instance I have checked the accounts for the last few years and find no record of a payment from a certain person, now as we all know books can be altered to show whatever is required so in my opinion just providing a set of accounts can almost be meaningless.

 

[Akasya]

Enumerated concurrent dated receipts should be issued .

Steve

 

[oldfogy]

Enumerated concurrent dated receipts should be issued .

Steve

Yes we know that, but that does not answer the question Which is:
Is it up to the person in question to provide proof of payment/s

 

[Akasya]

Yes we know that, but that does not answer the question Which is:
Is it up to the person in question to provide proof of payment/s

If you know that , then you can prove all you wish , i wish i had not bothered to waste my time .

Steve

 

[Tenpin]

We had a similar situation on our site.....the person saying they had paid were told to produce the receipts as proof of payment so the management could check the corresponding receipt book.

 

[oldfogy]

Yes evo (reply to PM) as should be done by all sites but again that does not answer the question.

The person I will be chasing may not have paid their maintenance definitely for the last 4 years but maybe even for the last 10 years, but there are no accounts available going back that far.

 

[alva5763]

Tricky one. They can't prove they have paid,perhaps thrown away their receipts, and you cannot prove they have not paid as there are no accounts. Have you approached the owner?

 

[Bramidan]

In my previous career we always worked on the basis that if you could not support your contention with hard evidence then you should never go near a court, tribunal or expert because you just incur costs.
One person says I paid the other says you didn't but no proof, costs escalating!

 

[evo80]

I said in my PM we get our accounts e mailed to us.I am afraid as previously said if a site does not do that then its one word against another.I used to keep all receipts but since we got our accounts e mailed us I just print them off the Puter.

 

[oldfogy]

Tricky one. They can't prove they have paid,perhaps thrown away their receipts, and you cannot prove they have not paid as there are no accounts. Have you approached the owner?

No not yet, mainly because he is ignoring our emails plus earlier this year when approached he also had the audacity to say he was just renting for a few days and then continued hammering and banging for a week.
So now firstly trying to get the gist of things plus waiting for a reply from our solicitor.

 

[sybil plessey]

We insist on payments being made to the site bank account - then you can check payments v bank statements.

 

[oldfogy]

We insist on payments being made to the site bank account - then you can check payments v bank statements.

Obviously a good idea I had one British owner ask me to bank his money for him because he didn't want to spend 'another 3 hours in the bank, but was quite prepared to let me spend time in the bank on his behalf, (Cheaky bugger)

 

[Kanga]

Management should keep duplicate receipts (or dated email) so the site manager can produce evidence or not, regardless of any accounting, creative or otherwise.

 

[oldfogy]

Ok thanks for the input and am going to leave it at that as the Solicitor has said I am not allowed to chase a debt prior to our complex splitting into separate blocks each now with it's own block manager,

So it looks like the offender has gotten away with at least 4 years and possibly 10 years maintenance payments, but no-doubt he will continue to try it on only to find a lien taken on his property next year.

Although I will be passing all the information on to the previous committee who can still chase him, but not getting anything from him in the past i doubt if they will get very far and under the latest Condominium Laws only a block manager can start and take a debtor to court of which under our old system there were no block managers only the committee,

Apparently it is said that the Turks on our complex know about the loophole which is why, none have ever been taken to court and also how they have managed to avoid paying their maintenance.
Well we have news for them now as that loop hole in the law has been discovered and rectified.