› 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
I can’t say for sure but I expect the answer is yes. In the ACT and, I expect, elsewhere, there is a high bar to be reached for the OC to resolve to charge levies other than strictly in proportion to unit entitlements. In the ACT it takes an unopposed resolution.
Since you are a member of the OC and the OC presumably believes it is acting in the interests of the OC as a whole in taking this action, then you have to pay like everyone else that is part of the OC, even though, wearing a different hat, you are also the other party.
Depending on the magnitude of the expected legal costs, taking legal action might be a decision the EC can take or it might be a decision that has to be taken at a general meeting. I could point to the section of the Act in the ACT which sets out the threshold at which a legal cost must be approved by the OC at a general meeting rather than by the EC. I expect that whichever state you are in has a similar provision. You might be able to challenge the cost if the cost is higher than the threshold and the decision to take legal action was taken improperly by the EC rather than properly by the OC.