#12714
Anonymous

    Hi Rider,

    It would require a proper evaluation of all the circumstances surrounding the levy in order to provide a proper legal opinion, however this is a brief overview of the issues which probably arise here.

    First of all the Executive Committee (the EC) cannot determine the levy contributions, this can only be done by resolution at General Meeting (GM). The EC can put a motion to increase levies before a General Meeting but they cannot determine those levies.

    In the event that the levies were passed at GM then they may well be valid. An Owners Corporation (OC) is responsible for the maintenance of the common areas of a strata plan, regardless of whether these common areas are of more benefit to certain owners (or classes of owner). The OC has an obligation to keep the common property in good condition. If the replacement of these windows is an act of maintenance where the windows are being installed to replace windows which are falling into disrepair then this will likely be a valid levy.

    However, if instead the new windows are an alteration or improvement of the common property to benefit a particular class of owner then it is arguable that the levies would be invalid. 

    Kind regards,

    Daniel Dimock

    Lawyer
    ———————————-
    TEYS Lawyers
    The Strata Law Experts
    02 9562 6500

    daniel@teyslawyers.com.au

    https://www.teyslawyers.com.au