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[Sammi]

Just wanted to provide you with an update on the NCAT hearing.

On 14 June 2019 the Tribunal made the following orders:

10.  The owners corporation must comply with the provisions of s. 182 of the Strata Schemes Management
Act 2015 at all times.

11.  Pursuant to s 87 of the Strata Schemes Management Act 2015 the Tribunal finds that the proposed contributions determined pursuant to Motion 10 resolved at the 2018 Annual General Meeting of Strata
Plan No.XXXX are excessive, and the amount of $6,000.00 is substituted as the contribution to the Capital
Works Fund Budget for the year commencing 01 July 2018.

12.  In relation to the previous order, the owners corporation is to comply fully with s 79 of the Strata
Schemes Management Act 2015.

Whilst this was a successful outcome the Committee could a General Meeting on Wednesday, 29 January 2020 and against the Tribunal’s determination is now raising the money the $200,000.00 across 10 units as a special levy.

At the meeting 9 title owners were present and from my understanding 6/10 voted in favour of it…sorry was sitting at the front of the room directly in front of the Strata Manager so didn’t see all hands raised.

We have been given a hard deadline of 31 March to get the money to the Strata Manager.  Again there are no urgent/life threatening works required, plus all invoice provided for the suggested/proposed works were 6mths expired….myself and 3-4 other unit owners raised a lot of questions around this, in doing so found out that 5 out of 10 unit owners asked for a full refund of the ‘excessive levies’, there is no firm plan in place to commence the works and such such we have no guarantee what the money will be spent on.
I guess my questions to the forum are:

1. are they able to enforce the Special Levy when the $200K levy has already been determined excessive
2. can special levies be raised based on invalid invoices
3. should i take this matter back to NCAT and if under what circumstances?

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