Can a two-lot strata scheme cease its capital works fund?

NSW
Property Transactions
question
Lookupstrata community member

I own in a 2-lot strata scheme. When the strata scheme commenced ten years ago, a capital works fund was established. Can we now cease the capital works fund, or must it continue once it has been established?

answer
Leanne Habib headshot
Leanne Habib Premium Strata

As you are a 2-lot scheme, an exemption may apply.

As you are a 2-lot scheme, the following exemption may apply. However, it does require a unanimous resolution, and the scheme needs to satisfy paragraphs (b) & (c):

74 Capital works fund

….
  1. Exemption An owners corporation for a strata scheme comprising 2 lots need not establish a capital works fund if—
    1. the owners corporation so determines by unanimous resolution, and
    2. the buildings comprised in one of those lots are physically detached from the buildings comprised in the other lot, and
    3. no building or part of a building in the strata scheme is situated outside those lots.
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