#55780
Jimmy-T
Keymaster
    Before lodging an application for levy maintenance adjustments with NCAT, is it best to go thru the following:
    • the Owners Committee (they would be in agreement)

    Tha’t your first step.  You might want to take a cost estimate from a lawyer so everyone knows what they’r getting into.

    • strata management (not sure of how they manage the process)

    Your strata managers should be able to advice you on how to proceed

    • Call for a general meeting to discuss

    Yes, there will be objections – you can’t expect turkeys to vote for Christmas –  but at the very least haing tried to get broad-based support can only help (even if noone else comes on board).

    • Or just lodge an independent application for adjustments ruling?

    Jumping straight to that step would make it more like a “them and us” dispute, rather than an effort to share costs equitably.

    I assume there will be unit owners who would contest this as it is going to cost them more in levy’s, does it then become a tribunal hearing or is the ruling made just on evidence submitted showing the imbalance of contributions?
    There will probably be a hearing and I’m sure opponents to the move will be allowed to put their case.  But don’t forget that this can be pursued by individual owners, so having the support of the committee and maybe even the majority of owners who attend your general meeting can only help.

     

    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.