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[Waratah]

The Strata Schemes Management Act 2015 at 236. Order for reallocation of unit entitlements says:

(1) Tribunal may make order allocating unit entitlements The Tribunal may, on application, make an order allocating unit entitlements among the lots that are subject to a strata scheme in the manner specified in the order if the Tribunal considers that the allocation of unit entitlements among the lots:

(a)  was unreasonable when the strata plan was registered or when a strata plan of subdivision was registered, or

(b)  was unreasonable when a revised schedule of unit entitlement was lodged at the conclusion of a development scheme, or

(c)  became unreasonable because of a change in the permitted land use, being a change (for example, because of a rezoning) in the ways in which the whole or any part of the parcel could lawfully be used, whether with or without planning approval.

I’m in a large scheme in NSW that is more than 30 years old. Our building has not been properly maintained. Now that plans are being made to do some serious capital works, a number of residents are concerned that their unit entitlements are more than they should be and so they will have to pay more than their ‘fair share’ of the capital works.

Does anyone have a view on whether the Tribunal accepts applications to reallocate unit entitlements that were set decades ago?

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