Realty Managers Pty Ltd and Neville Armstead - Court action

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Date
29 May 2013
Category
Court actions

A company has been fined for acting as an owners corporation manager while not registered.

The Director of Consumer Affairs Victoria prosecuted Realty Managers Pty Ltd and its sole director Neville Armstead in Ringwood Magistrates’ Court for alleged breaches of the Owners Corporations Act 2006.

Mr Armstead was accused of knowingly authorising or permitting a body corporate to act as an owners corporation manager while not registered.

The company was alleged to have:

  • acted as an owners corporation manager while not registered
  • failed to return to the owners corporation secretary all records relating to the owners corporation that were either held or controlled by the manager, within 28 days of the manager’s termination.

It was alleged that, during between November 2009 and May 2012, the company acted as an owners corporation manager for a property in Carnegie. The company allegedly:

  • collected monies from lot owners for owners corporation outgoings
  • arranged owners corporation public liability insurance
  • maintained and accounted for owners corporation finances
  • arranged to pay owners corporation accounts, including electricity, water and gardening.

The company charged fees of up to $1320 a year for carrying out these functions.

The company and Mr Armstead were not recorded on the Business Licensing Authority’s register of owner’s corporations managers.

The court ordered that Mr Armstead, without conviction, pay the Director of Consumer Affairs Victoria’s legal costs of $420.71. Mr Armstead was put on a 12-month good behaviour bond.

Realty Managers Pty Ltd was fined $500 plus $312.91 costs and $107.80 statutory costs.

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