Reply To: Schemes must raise losing case expenses by special levy

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11/04/2022 at 11:11 pm #62430
TrulEConcerned
Flatchatter
Chat-starter

    Just Asking mentioned

    An owners corporation that is unsuccessful in an action brought against it in NCAT by an owner cannot use the administrative or capital works funds to pay its costs and expenses. It may raise a special levy, but cannot levy a successful owner for a share of the owners corporation’s costs and expenses (s104 SSMA 2015).

    TrulEConcerned should not be charged a share of the $880.

    The strata agent just got back to me, 8 days after I asked: “if I am excluded from sharing in this expense”? He replied that I am not excluded and the amount was debited to the OC’s account.

    My question is: how to I force the OC to raise a levy amongst owners and excluding me to from contributing to the $880? Is Mediation citing an order under  s. 232 the way to go (where I will list s. 104 as Just Asking mentioned). Or can I go straight to NCAT?

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