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Topic
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Are strata unit entitlement based on size and value of the unit or just the value? I am asking this question because all the units in our building have same unit entitlement but some units are bigger than the others. Also in Strata plan what does the number under unit entitlement column 30 or 1 means?
Separately, the tenants in our apartment block have been damaging the common property on regular basis. Is there a provision where we can ask the owners who rent out their properties should pay higher levies?
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Unit entitlement is based on value and is determined at the time of registration of the strata scheme.
You can apply for reallocation of unit entitlements on the basis that at the time they were determined they were unreasonable. The hurdle is quite high, but some cases have been successful. You say that some units are bigger, but other factors also have to be taken into account such as position, views etc.
You cannot impose higher levies on owners who have tenants that damage the common property, because the levies are determined by unit entitlement and that can’t be changed. There are a number of ways that you could approach the problem:
– if you have evidence that a tenant has damaged common property, document it (this may include photos, witness statements etc.) Keep the invoice amount for the repairs and have the EC resolve to charge it to that unit, and serve notice on the owner. That amount does not form part of the levies but is a debt that you can seek to enforce against the owner.
– you could consider a by-law that provides in relation to tenanted units that the relevant owners must pay a certain amount as a bond which would be refundable upon sale of the unit or where it is not tenanted. Of course you would have to get the agreement of the owners to approve the by-law which may be difficult, but it draws attention to the issue.
If you know the tenant moved out on that day, and can prove there was no damage previously, contact the owner and tell them that their tenant damaged the wall.