Capital Works Fund - What Do We Need To Do Now?

NSW
Levies & Finance
Law & Updates
question
Lookupstrata community member

Should unplanned capital expenditure be paid from the administration fund instead of the capital works fund?

Our scheme recently incurred an unplanned capital expenditure that was not budgeted for in the capital works fund. The treasurer allocated the expenditure to the capital works fund. I believe this contravenes Section 74(4) of the Strata Scheme Management Act 2015, which states that the owners corporation may only pay money from the capital works fund for specific purposes.

Should this expenditure have been paid from the administration fund instead?

answer
Rod Laws
Rod Laws Tinworth & Co

This can be a very subjective issue.

This can be a very subjective issue. One person's admin fund repair can be another person's capital works fund expense. If the owners corporation agrees, it can transfer funds from the admin fund to the capital works fund to cover this cost. This is now permitted under the new section 76.

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