Special levy refund: Current or previous owner?

NSW
Levies & Finance
question
Lookupstrata community member

Who is entitled to the refund of the special levy for cancelled renovation work - the current owner of the lot or the previous owner who paid the levy?

Our owners corporation raised a special levy to renovate common property. The work was cancelled. At the EGM, it was decided that the levy amount would be refunded to each lot owner. Over this period, a lot was sold. Can the new owner of that lot claim the refund, or does the money go to the previous owner?

answer
Leanne Habib headshot
Leanne Habib Premium Strata

If these levies are being refunded by way of distribution of surplus funds, current owners will be refunded in accordance with their unit entitlements.

If these levies are being refunded by way of distribution of surplus funds, current owners (i.e. each person for the time being recorded in the Register and when the refund is being processed) will be refunded in accordance with their unit entitlements. As far as we are aware, unlike the scenario where there are unpaid contributions by a former owner where the current and new owners are both jointly and severally liable, no such mechanism exists for this situation.

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