#54121
scotlandx
Strataguru

    Taking into account that you can never be sure that NCAT will be sensible, I think it is highly unlikely that a Tribunal would set aside the special levy.

    – the owners who object would have to have grounds for the objection – what are they? For example, is there a legal issue, were the owners’ rights overriden etc.

    – the special levy is to enable the OC to fulfil its obligations under the Act to repair and maintain common property

    – the Committee has undertaken a comprehensive process which formed the basis of the decision at the general meeting

    – a majority of the owners has approved the special levy.

    There would have to be a compelling reason to overturn a decision like this. Note that an individual owner’s circumstances such as their financial position is not a compelling reason.