Questions. Is there anything in the Act or Regulations that permit levies to be issued other than Sections 79, 81-83? If not, are our levy notices legal?
The sections to which you refer establish the principle that levies estimates and the contributions required should be agreed upon at an annual general meeting and can only be altered at another general meeting. There would be a concern if your new strata manager had said, “Okay, inflation is running at X per cent so we are bumping the levies up by that amount until the next AGM.”
Your AGM is only one month later than it would have been if it was held on the same date every year. Currently the legislation only requires AGMs to be held in each financial year, so your AGM could have been legally delayed until June next year.
Slippage of one month is neither here not there, and you are probably paying a little less in your latest levies than you will almost certainly have to do in the next tranche.
This would only be an issue if your scheme was running out of money and services were in danger of being cut off, in which case you could petition for an EGM to correct the financial situation.
Section 81 (4): If the owners corporation is subsequently faced with other expenses it cannot at once meet from either fund, it must levy on each owner of a lot in the strata scheme a contribution to the administrative fund or capital works fund, determined at a general meeting of the owners corporation, in order to meet the expenses.
There’s nothing in the legislation that says that levies authorisation expires on the anniversary of the AGM that set them. In other words, if there’s no problem, then it’s not a problem.