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The relevant part of our strata plan’s Lift By-Law reads:
- Lots 3 & 4 to pay all expenses WRT cleaning, servicing, decorating, furnishing, maintenance, repair and replacement of lift, motor and motor room, cable, wiring, meter or fuse boxes, connections and other appurtenances and equipment associated and used with the lift, as well as the cost of power supplied to operate the lift
- A statement order [given into] the hand of the Secretary of the Body Corporate to an amount payable by a Proprietor pursuant to this By Law shall be prima facie correct and shall be payable by the Proprietor in the absence of error being established by the Proprietor disputing the same:
- In the event that either Lot 3 or 4 defaults in the performance of any term or condition of this By Law and such default continues for a period of 28 days after notice thereof is given to him in writing by the Secretary of the Body Corporate then the rights and privileges conferred by this By Law on the defaulting Proprietor may be terminated in respect of that Proprietor by resolution of the Council of the Body Corporate
- Except as expressly provided herein the rights conferred by this By Law may only be terminated with the consent of the Proprietors of both Lots 3 and 4 in the Plan
The arrangement, since in the inception of the Strata Plan in 1991, was a 50:50 split of expenses between Lots 3 and 4. The Strata Manager has altered this to align to square meter entitlements. The By Law doesn’t categorically reference 50:50 split and neither has it been altered to reflect an apportionment of costs. Can the Strata Manager do this, is it a correct interpretation and adjustment?