#24666
Jimmy-T
Keymaster

    As Scottie explained, generally you can only divide payments for repairs to common property according to unit entitlements.

    If you think the UEs are unfair – perhaps they were set artificially low in the commercial sections of your building to attract purchasers (a tactic far from unknown) – you can apply to NCAT to have them altered.

    If you think contributions for a specific payment are unfair, you can apply for a Section 149 variation (see below). However, they would have to be grossly out of kilter to maske it worth the effort and expense, not to mentio0n the risk of an NCAT adjudicator ruling against you.

     

    149   Order for variation of contributions levied or manner of payment of contributions

    (1)  An Adjudicator may make either or both of the following orders if the Adjudicator considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable:

    (a)  an order for payment of contributions of a different amount,

    (b)  an order for payment of contributions in a different manner.

    (2)  If an Adjudicator considers that the consent of an owner referred to in section 77 has been unreasonably refused, the Adjudicator may make an order for payment of a different amount of one or more contributions levied or proposed to be levied by the owners corporation.

    (3)  If a contribution which is the subject of an order under this section has been wholly or partly paid:

    (a)  an order to pay more has effect as if the owners corporation had decided to levy a contribution equal to the difference, and

    (b)  an order to pay less imposes a duty on the owners corporation to refund the difference.

    (4)  An application for an order under this section may be made only by the lessor of a leasehold strata scheme, an owners corporation, an owner or by a mortgagee in possession (whether in person or not).

    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.