#25112
Jimmy-T
Keymaster

    If the owners corp has been ordered to pay your costs then any decision not to include legal fees in a special levy is a decision to break the law. Section 230 of the strata Act (see item 3) is crystal clear on this.

    The EGM decision has no more validity than a decision to go out a rob old ladies on the street.  It is a decision to break the law and therefore should be rescinded. In fact, the motion should never have been raised in that form.  The decision to appeal is valid but the decision not to pay you isn’t. 

    Refer them to the section of the Act and tell them that any further attempts to make you pay a share of the legal costs, by whatever means, will result in further action at NCAT and an application for the statutory appointment of and independent strata manager to take over the running of the building.

    In fact, you could get a strata lawyer to write the letter and then send the bill for that to the EC too. Contact our sponsors SGB – they’ll advise you.

    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.