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  • #66145 Reply | Quote
    Peyronnet
    Flatchatter

      If an equipment (around $4,000) fails and has to be replaced, can we claim it under Capital Works or Admin?
      When is it acceptable to post a transaction to Capital Works?

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    • #66154 Reply
      Jimmy-T
      Keymaster

        If an equipment (around $4,000) fails and has to be replaced, can we claim it under Capital Works or Admin? When is it acceptable to post a transaction to Capital Works?

        Are you also in Victoria (like the OP)?

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        #66155 Reply
        Peyronnet
        Flatchatter
        Chat-starter

          I am in NSW

          #66164 Reply
          Jimmy-T
          Keymaster

            Here’s what Section 79 0f the NSW Act says:

            The Admin fund would cover “recurrent expenses” which would include “such regular expenses as insurance, water charges, electricity charges, carpet cleaning, lawn mowing services and the like and minor expenses relating to maintenance of the common property.”

            The Capital Works fund should meet “expenses of a capital nature [which] would include expenses in relation to major repairs or improvements to the common property or personal property of the owners corporation, such
            as replacement of roofing, guttering or fences and the like.”

            In other words, replacing common property equipment would be a Capital Works purchase.

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
            #66176 Reply
            Jimmy-T
            Keymaster

              A couple of points here.

              The Act uses the word “estimate” – that implies it doesn’t expect a legally binding commitment to spend the amount listed on the defined item.

              Also, strata schemes are largely self-policing.  Take a stroll through the Act and see how many rules and regulations carry no penalties for failure to comply.

              The implied punishment is when someone in the scheme complains to NCAT, seeking orders to compel the owners corp to obey the law or face removal and replacement by a compulsory manager.

              There are no StrataKops.

              If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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            Reply To: What can the Maintenance Fund pay for?
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