Can you challenge ongoing special levies in strata and seek a refund?

NSW
Levies & Finance
question
Lookupstrata community member

How can I stop the never-ending nightmare of raising special strata levies?

We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled.

I want this money back. I do not want the doors and windows replaced. My windows are in excellent condition and don't need replacing.

The special levy was meant to raise $250,000 and now it's meant to raise over $500,000. Can we get them to stop the levy? It's outrageous to double the cost mid levy. The quote should have been accepted and once the cost was covered, they should have stopped.

How can I stop this never-ending nightmare of special strata levies?

answer
Leanne Habib headshot
Leanne Habib Premium Strata

If the owners corporation has passed the proper resolutions, you are liable to pay the expenses of the owners corporation in proportion to your unit entitlements.

Irrespective of whether you consider that your windows are in excellent condition, it appears that the owners corporation decided to replace all windows and doors either as a repair function or upgrade special resolution.

On the assumption that the owners corporation has passed the proper resolutions, you are liable to pay the expenses of the owners corporation in proportion to your unit entitlements.

You, however, as an owner, have the right to make an application to NCAT for Orders that the levies are “excessive” in which case NCAT can order a refund. Should you elect to pursue this course, we recommend you seek expert strata legal advice.

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