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Our strata scheme had a new UE valuation report over 2 years ago, which was accepted by the strata comittee, and there has been a significant delay in registering the new UE’s (due to a seperate NCAT dispute not related to the UE valuations). In this time a special levy has been issued for repair work based on the old UE valuations. My UE valuations will be reduced under the new valuation (by 26%) but the levy notice is still being issued under the old UE’s. I have been advised the new UE’s will be registered this year but by then I will have to pay 2 levy notices which are significantly higher then they will be under the new allocations. Can I dispute these fees?
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You could, but I’d guess those with higher new UEs aren’t going to support you.
Get thee unto Fair Trading for mediation, then to the Tribunal for a ruling that just because the decision hasn’t been “registered” doesn’t mean it’s not valid.
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Unless there is other information, the way that strata went about it is incorrect.
Reading Section 236 of the act, seems to be that only the tribunal can vary the UEs. So a bylaw will not affect the UEs.
With the order of the tribunal , the OC goes to Land and Property information and registers the new UEs.
Until the new UEs are on the title certificate, they have no effect.
The act also says that the OC must register the new UEs within 6 months.
I think the poster is compelled to pay the levy according to the old UEs.
All of the above from Kaindub is true. I was reading between different lines and assumed (I know… I know …I) that the correct procedures had been followed but the process delayed (references to a “separate NCAT dispute”, etc).
If NCAT has already ruled that the UEs should be altered, I think you have strong case to ask that the levies be changed too. If NCAT hasn’t made a definitive ruling on the new UEs ruling then, as Kaindub suggests, you are pretty much back at square one.
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