Can the managing agents, building manager or strata committee request that the 10 year maintenance plan omit certain items such as lift replacement, painting or sprinkler system replacement? Including these items would, of course, increase the required levies.
The legislation basic states that if it's a common property item, the Council of owners must ensure that it goes into the 10 year maintenance plan.
WA legislation is one of the most comprehensive lists I've seen a governing body put in legislation in terms of what must be included in a 10 year maintenance plan. There's no provision that I've seen where you can, even by special resolution, opt out of having a particular item included. The legislation basic states that if it's a common property item, the Council of owners must ensure that it goes into the 10 year maintenance plan.
If it was foreseeable that this item will either need replacement or maintenance, it needs to be included. By removing items such as painting, all you're doing is delaying the funding of it, and unfortunately, whoever is left holding it gets a special levy for $200,000 in six or seven years time, and you still have to end up making up the same cost.
If you were to sell purposely to avoid that cost, you have failed your obligations and there would be a chance of recourse from the new owners stuck with the levy. We would certainly recommend against that.
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Dakota has spent 6 years in the property & strata industry, including managing a portfolio of luxury properties on the Sunshine Coast for a number of years.
More recently he has travelled around Australia & New Zealand delivering compliance updates and training sessions to Strata Managers and Strata Owners alike.
Dakota has also assisted the national chapter of SCA to deliver training courses to new strata managers throughout Australia as well as the NZ chapter. Dakota operates as a business development manager in a national role with Solutions In Engineering – Your Strata Compliance Specialists.
Dakota is a regular contributor to Lookupstrata.
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