#49229
Jimmy-T
Keymaster

    Yeah, but no. This is in Victoria, where section 49 of the Act (below) which allows owners corps to only charge owners for repairs to common property that affect their lots and exclude others from the payment.

    I would approach the committee with a request to be excluded from the payment completely with a clear indication that you will take this to Consumer Affairs and VCAT if they refuse.

    Owners Corporation Act Victoria (2006)
    Section 49 – Cost of repairs, maintenance or other works

    (1)     An owners corporation may recover as a debt the cost of repairs, maintenance or other works undertaken wholly or substantially for the benefit of one or some, but not all, of the lots affected by the owners corporation from the lot owners.

    (2)     The amount payable by the lot owners is to be calculated on the basis that the lot owner of the lot that benefits more pays more.

    (3)     The works referred to in this section may be to the common property or a lot.

    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.