[4atRW]

Hi Jimmy-T

Thanks for your excellent advice.

The special levy was voted in and is payable by the new owners according to our contract of sale.

In my other post I asked about the timing for payment of the special levy. Is this normally done at settlement? Are there any rules governing this?

Thanks

4atRW

[4atRW]

 
<p class=”p1″><span class=”s1″>Our self-managed strata are planning a special strata meeting which may involve striking of a special levy for overdue common property repair work</span></p>
<p class=”p1″><span class=”s1″>One of the owners has sold their unit 4 weeks ago and will settle early February. </span></p>
<p class=”p1″><span class=”s1″>I understand that the new owners will be required to pay their share of the levy but they will be unaware of this.</span></p>
<p class=”p1″><span class=”s1″>Should the new owners be at the meeting?</span></p>
<p class=”p1″><span class=”s1″>How are their interests represented given that they will required to pay? </span></p>

[4atRW]

Jimmy and Bluehouse, thanks for your valuable and helpful advice on this.
A big part of the problem is that the sinking fund doesn’t contain sufficient funds for the repairs ($40k for all 4 units), so a special levy would be needed. Two owners are content with their windows, hence the stalemate.

We want a solution that makes everyone happy.

Am I right in saying that the by-law solution is the best way forward? That is, a by-law transferring window responsibility from common property to owners.

[4atRW]

Thanks for you advice Flame Tree

I agree that the by-law seems excessive. I also like the idea of using the AGM motion, but I’m not sure how it would work. The scenario is that the 2 owners (units 1 and 3) who want to go ahead with repairs are happy to pay for them out of their own pockets, but don’t want to pay again (from the Strata sinking fund) if new owners in units 2 and 4 want repairs to be paid for from the Strata sinking fund and a special levy. The by-law seems the only way to protect owners 1 and 3 from potentially paying twice.

[4atRW]

Thanks for your good advice
We want to know more about the new by law.
Is it better to have these drafted by a professional?
Any idea on cost? Could you recommend someone in Sydney?
Thanks

[4atRW]

Thanks for your help.

Our neighbours also want to replace the flooring (floorboards). Does that need a by-law and meeting too.

 

Thanks again

[4atRW]

Thanks again for the advice.

Could you please clarify about the voting. If successful, would the renovators get extra voting power?

[4atRW]

Thanks for this helpful advice.

I’m also concerned about the effect this will have on the strata voting system

If the resolution is accepted and they receive the extra “square metres”, then their voting power in meetings is increased. That’s bad for the rest of us.

For this reason and other reasons. I’m inclined to vote against.

If I vote against (I have 26% of the vote by lots), do the “renovators” have any further recourse, or is the matter finished at the end of the special resolution meeting?

Thanks

[Author]

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