Jimmy what you say is true: a lot owner who wins does not have to share in the cost of legal fees of the OC (s. 104)
3. Depending on the nature of the case, an OC could claim its legal fees on its insurance to defend the matter and in such a case that would not result in a special levy. It instead would result in an email by the OC which could be construed by some as a threat by the OC along the lines of “the OC has been dragged into NCAT and will claim on its insurance policy for legal expenses. The policy’s ceiling on such an item is $20k”.
Assumes the insurance company covers the fees claimed.
In our case the SM lodged a claim, the insurance company declined the claim after the OC lost the NCAT proceedings. Lots of upset owners having to pay a special levy that the SM and BM had told them would be insured.
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