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NSW: Special Levies, Levy Payments and Overdue Levies

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Question: Can a strata manager raise a special levy without approval at a general meeting?

Our strata manager has been issuing special levies to individual owners without seeking approval at a general meeting. Does the strata manager have the authority to do this?

Answer: A special levy cannot be issued without a resolution being passed at a meeting of the owners corporation.

No, a special levy cannot be issued without a resolution being passed at a meeting of the owners corporation just like levies for the administrative and capital works funds. A motion to raise a special levy must be approved by a simple majority of owners present and voting at a general meeting of the owners corporation. See Section 83 – Levying of contribution of the Strata Schemes Management Act 2015 No 50 (SSMA).

The only circumstance in which a strata manager can raise a special levy without holding a general meeting is if the strata managing agent has been delegated all the powers of the owners corporation. For example, under a compulsory appointment by the Tribunal or through a properly authorised delegation of all powers. In such cases, meetings of the owners corporation are not necessary. Instead of lot owners voting to decide matters, the strata manager exercises the delegated authority power and can raise levies and pass resolutions on behalf of the owners corporation. See Section 237 – Orders for appointment of strata managing agent of the SSMA.

This post appears in the October 2025 edition of The NSW Strata Magazine.

Jana Antelmann Strata Life E: jana@thestratalife.com.au P: 02 9456 9917

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