Question: Can one owner offer to pay more towards a special levy than the rest of the Owners if they are wanting a common property renovation to proceed?
Can one owner offer to pay more towards a special levy than the rest of the Owners if they are wanting a common property renovation to proceed?
I thought that anything for common property that cannot be covered by the capital works fund has to be split among the owners based on their lot’s allotment/entitlement.
Answer: The Act requires all contributions to be levied in accordance with the unit entitlements of each lot.
Section 83(2) of the Strata Schemes Management Act (‘the Act’) requires that all contributions be levied in accordance with the unit entitlements of each lot.
An exception to this lies within section 144 of the Act, however that only applies to maintenance and upkeep of common property that is specifically referred to in the common property rights by-law. Section 144 allows the by-law to provide another way of apportioning costs for maintenance and upkeep of that common property.
This post appears in the October 2022 edition of The NSW Strata Magazine.
Tim Sara Strata Choice E: tsara@stratachoice.com.au P: 1300 322 213