This is really very simple. The principle of caveat emptor – buyer beware – applies. If all these plans have been properly documented in previous minutes, the new owner should know that there is a special levy coming. If they didn’t do a proper strata check, presumably to save money, more fool them. If the vendor deliberately misled them, then the new owner can sue.
What cannot happen is that the other owners have to pay more than their fair share because the purchaser was badly informed (unless it was by the owners corp).
The manager – are they a building manager or strata manager? – is totally wrong and needs to go back to strata school (if they ever attended). I would put them on notice that any further erroneous advice will be taken as a breach of contract. You shouldn’t have to go searching for advice on what is a very basic question.
Charge the new owner their share of the special levy and let them chase legal advice if they feel so inclined.
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.
- This reply was modified 1 year, 6 months ago by .