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Hello. I have paid our OC a special levy of $4,000 raised for repair works in Victoria, that have since been deemed not viable to proceed due to an engineer’s inspection which contradicts the original advice. The levies are being held and will be put towards alternative future works – the scope of which need to be investigated so are yet to be determined – this timeframe will take more weeks/months.
My payment was made two weeks prior to me putting the apartment up for sale. The property has since been sold and is now proceeding unconditionally to settlement (four weeks to go). My conveyancer suggests I can only have a refund of my payment, if the special levy is withdrawn.
My question then is: can I ask the OC to withdraw the special levy now, to refund me that amount and instead pass it on to the new owners – given that the original levy works cannot proceed as indicated, and that they as the new owners will have the full benefit of the repairs when undertaken in due course? I appreciate the amount is not huge and I don’t wish to go to VCAT with it – I have a good rapport with the OC managers and wonder if this might be a discretionary item they could consider? It seems to fit with the legislation OC Act 2006 per section 24 (3) ‘The owners corporation may determine the times for payment of the special levies and charges.’ Thank you.
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It seems to fit with the legislation OC Act 2006 per section 24 (3) ‘The owners corporation may determine the times for payment of the special levies and charges.’ Thank you.
Usually all owners are levied at the same time. Since you have already paid the $4,000 levy, you are asking the owners corporation to cancel your levy invoice and issue it to the next owner.
The new owner may object by claiming that $4,000 special levy was included in the sale price of the apartment.
In NSW, it is possible for owners corporation funds to be paid back to the owners. (see SSMA 2015 (NSW) Section 77 Distribution of Surplus Money …). I couldn’t find anything similar in the Victorian OC Act 2006.
In NSW, it is possible for owners corporation funds to be paid back to the owners.
That can only occur when there is a unanimous vote by the owners – a very rare event.
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Wouldn’t this be taken into account when other financial adjustments are calculated at settlement?