[Tinka1]

Thanks again Jimmy,

I’m sure there are many others on the forum who are going thru or thinking similar to what we are seeking to resolve. I have searched for previous posts on similar issues but can’t seem to find similar discussions?

Wear and tear is also a major issue where the units are concerned, but without dividing the strata into 2 which appears to be a massive challenge, the next best solution is to minimise impact to T/Houses for ongoing costs which are imbalanced by levy contributions.

Before lodging an application for levy maintenance adjustments with NCAT, is it best to go thru the following:

•  the Owners Committee (they would be in agreeance)
• strata management (not sure of how they manage the process)
• Call for a general meeting to discuss
• Or just lodge an independent application for adjustments ruling?

I assume there will be unit owners who would contest this as it is going to cost them more in levy’s, does it then become a tribunal hearing or is the ruling made just on evidence submitted showing the imbalance of contributions?

apologies for all the questions but this being our first experience with strata we are shocked at the heavily weighed levy’s and the roadblocks to correct without the major expense of legal.

[Tinka1]

Jimmy thanks for the feedback it makes sense and appears to be a very challenging and potentially expensive process with possibly, not the solution we wish for. And not a straightforward as a Poll vote at the AGM, which was the assumption we required to divide strata.
Going down a redistribution path is likely not going to be the solution for T/House owners, as maintenance is where the major imbalance is.

1. Units have a single water meter for all 24 units, which is paid by strata, not individual usage
   T/Houses have individual water meters, so are paying for their own and then contributing to the unit’s costs.
2. Fortnightly scheduled cleaning of Unit foyers/garbage areas is contributed by townhouse owner’s levy’s, but there is no usage by T/House lots for this service.
3. Electricity for common areas, there are 2 meters one for unit block carpark, entry foyers. The other is on the townhouse side and covers path lights only.
4. Ongoing general repairs continue for units due to the majority being leased, where the T/Houses are majority owner-occupied and rarely have maintenance requirements. This is likely to increase as the complex gets older?

Is there an alternate solution apart from lot redistribution to balance the maintenance schedule more to user pays for services?

[Tinka1]

Thanks for your suggestion, I’m in NSW and assume it’s similar to ACT. I’m optimistic we will have the required attendees to see the poll result favourable to dividing the strata.

So if we call for a Poll vote at the AGM to divide our strata into 2 it’s  allowable and legal and can proceed without going to a special resolution meeting, or be postponed for voting by all lot owners, am I correct providing we achieve majority of voters present with a 75% in favour.

[Author]

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