#28543
Jimmy-T
Keymaster

    The simple answer is yes, under section 87 (below) you can seek orders at NCAT to reassign the Unit Entitlements.

    The easiest way to do it is to get everyone to agree but, as you said, you can’t get turkeys to vote for Christmas, and the owners of the larger properties may disagree.

    The next best thing is to get a majority of owners to make an application to NCAT as a body.  This is possible, especially if six owners would be paying less and four paying more, and would certainly defray some of the expenses.

    If that fails, you could seek orders yourself but add an additional request that the Owners Corp pays the costs.

    Those costs will include a professional assessment by an experienced strata quantity surveyor, because it’s not just size, it’s aspect and amenity.

    But clearly a large penthouse flat with a northerly view should be paying more in levies than a small ground floor flat permanently in the shade.

    87 ORDERS VARYING CONTRIBUTIONS OR PAYMENT METHODS 

    (1) The Tribunal may, on application, make either or both of the following orders if the Tribunal 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) An application for an order may be made by the lessor of a leasehold strata scheme, an owners corporation, an owner or a mortgagee in possession.

    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.