#25725
Lady Penelope
Strataguru

    Which State do you live in? The whole scenario sounds dreadful. The matter is obviously urgent and needs to be dealt with immediately. For a very small fee you may need the help of the wise Adjudicators to sort your problem out.

    I would therefore be seeking an Interim Order immediately from NCAT (if you are in NSW) or QCAT (if you are in Qld). Other States have similar Tribunals.

    For NSW Interim Order applications see here:

    https://www.ncat.nsw.gov.au/Pages/cc/Divisions/Strata_and_community_schemes/Adjudication/interim_orders.aspx

    For Fees for lodgement of application for Interim Order see here:

    https://www.ncat.nsw.gov.au/Pages/apply_to_ncat/fees_and_charges/fees_and_charges.aspx

    Questions may be raised about whether proper process was followed and whether the Committee committed any breaches: in the obtaining of only one quote instead of two quotes (this applies in some States but not others); failing to submit a Motion with Alternatives at a General Meeting; Committee spending limits failures etc. Was an option of the Strata scheme borrowing money to conduct this major work ever voted upon? Wiser heads need to determine whether proper procedure was followed!

    See Section 76 of the SSM Act for information regarding the proper process if the special levy needs to be raised to meet unexpected additional costs, and how periodic payments of the special levy can be made rather than a one off payment.

    STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 76

    Owners corporation to set levy for contributions to administrative and sinking funds

    76 Owners corporation to set levy for contributions to administrative and sinking funds

     

    (1) The owners corporation must determine the amounts to be levied as a contribution to the administrative fund and the sinking fund to raise the amounts estimated as needing to be credited to those funds.

    (2) That determination must be made at the same meeting at which those estimated amounts are determined.

    (3) The owners corporation must levy on each person liable for it such a contribution.

    (4) If the owners corporation is subsequently faced with other expenses it cannot at once meet from either fund, it must levy on each owner a contribution to the administrative fund, determined at a general meeting of the owners corporation, in order to meet the expenses.

    (5) A contribution is, if an owners corporation so determines, payable by such regular periodic instalments as are specified in the determination setting the amount of the contribution.