#38274
Lady Penelope
Strataguru

    I missed it too, SH.

    Victoria has the additional interesting conundrum of the ‘benefits principle’.

    “The bottom line is this:

    Before issuing the special levy the OC was required to consider whether the works wholly or substantially for the benefit of some or one, but not all, of the lots;

    • if not, fees must be based on lot liability;
    • if so, fees must be charged on the basis that the lot owner of the lot that benefits more pays more.
    • if the OC fails to consider to consider the application of the legal principle it has committed a fatal error and the fees are not payable.

    The OC must act in good faith and exercising due care and diligence (see Grundl [at 16]) and honestly and reasonably in considering whether the benefit principle applies (see Grundl [at 20]).”

    from https://www.lookupstrata.com.au/vic-qa-expenses-recovery-and-benefits-of-common-property/