› Flat Chat Strata Forum › Levies and Unit Entitlements › Does the winner in an NCAT battle have to share the losing EC’s costs? › Current Page
Thanks Guys for your useful responses, there have been some developments since the EGM which have muddied the waters even more.
There was a motion on the agenda for the EGM to engage a strata law firm to lodge the appeal against my costs order, (the OC’s lawyer was in attendance) this motion was passed. Another alternative motion on the agenda was to vote to pay my costs as per the NCAT order, this motion was defeated. One final motion was to vote to raise a special levy to pay for the legal costs (the motion did not specify whether the costs were for my legal fees or the Strata Lawyers) for all units to contribute (including me) which was passed.
I have received a letter saying that the OC are now willing to pay me my costs, and I will not have to contribute even though this motion was defeated at the EGM.
The Strata Manager has informed me it was discussed to pay me after all with those owners present at the EGM after I left the meeting and after the meeting was formally closed.
Is it allowed for this decision to be made without all persons present at the initial meeting being present to make this altered decision? It may seem like I should just take the offer and run, but I think it could be more complicated because two of the units in my block of 6 have sold recently, so it is the new owners who would be liable to pay the special levy, not the ones who have sold, one of whom happens to be one of the EC members who started the whole mess in the first place.
It will be very hard to persuade two new owners that I should be paid my costs for a matter they had nothing to do with, and could quite probably cause a rift with my new neighbours before they even have time to move in properly.