Measures for Recovery of Outstanding Payments

In case of default in payment of management fees, maintenance fees or funds by the owners, the owners' corporation (OC) may -

• Contact the relevant owner/tenant so as to understand the situation and also advise him to settle the payment before the due date.
• Issue a reminder by double registered mail to the owner, enclosing an extract of the relevant legislation governing the power of OCs to recover outstanding fees and funds from owners.
• Continue to demand payment through its lawyer and request the lawyer to enter with the Land Registry a record of default payment against the property concerned should the owners still fail to pay the fees.
• File a claim to the Small Claims Tribunal demanding payment of the outstanding sums from the owner. The Tribunal has the jurisdiction to handle claims up to $75,000. For claims over $75,000 but not exceeding $3,000,000, they shall be handled by the District Court, whereas for claims over $3,000,000, they shall be dealt with by the High Court. In a case where the sum is higher than $75,000, the claimant may relinquish the exceeding amount to keep the case within the jurisdiction of the Tribunal.