› Flat Chat Strata Forum › Finance, budgeting and loans › NSW Annual Levies not set as AGM not held › Current Page
Regarding the AGM, the circumstances under which you might call a general meeting (Section 19 of the Act) specifically exclude AGMs so you will have no joy there.
Regarding question 2, Section 85 (4) of the Act says this:
(4) Regular periodic contributions to the administrative fund and capital works fund of an owners corporation are taken to have been duly levied on an owner of a lot even though notice levying the contributions was not given to the owner.
I know that doesn’t cover the specific circumstances you describe but, to me (a non-lawyer), that would indicate that owners should keep paying their levies as they have in the past until a new budget is set.
Frankly, I would be taking steps – along with other owners – to seek orders at NCAT to compel the strata manager and strata committee to hold an AGM, at which I would make sure I had enough votes to sack the strata manager and the committee.
Or you could seek orders under Section 238, to sack the committee, then start procedings to sack the strata manager for a breach of Section 57 (1) by committing an offence under the terms of the Act.
Or, you could seek the compulsory appointment of the strata manager which, as we have often said here, is one of those “be carful what you wish for” moves.
My preference would be to scare the ditherers among you neighbours with the spectre of a compulsory appointment to get them to back you in moving against the committee and strata manager.
First things first, hold your own meeting, make your plans and get your numbers, then move decisively.
And then seek proper legal advice from an experienced strata lawyer.