Do loan repayments funded by long-term agreement income need to be reimbursed to the sinking fund by owners via a special levy?
Our body corporate receives $45,000/year income for long term agreements. We borrowed money for building improvements and use this income for the loan repayments. Do these loan repayments need to be paid back into the sinking fund by owners via a special levy? Our previous strata managers did not state this was a requirement, but our new strata manager has insisted that this is the case.
Strata loans are serviced from the administration fund.
It is great that you are generating this additional income for your body corporate.
We strongly recommend that you get specialist legal and tax advice on how to treat both the telco income and its utilisation. Strata loans are serviced from the administration fund, which would make it difficult to use money that has been deposited into your sinking fund for that purpose.
Keep in mind also that the money received from the telco is most likely to be deemed assessable income to your owners. This is another reason to make sure you have the right tax and legal advice!
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