#29820
Jimmy-T
Keymaster

    The only exemption is when the strata committee or owners corp lose a Tribunal case against an owner.  They can’t just pay the bills or costs out of the admin fund – they have to raise a special levy to cover the costs and the “winning” owner can’t be levied as part of that process.

    104 Restrictions on payment of expenses incurred in Tribunal proceedings
    (1) An owners corporation cannot, in respect of its costs and expenses in proceedings brought by or against it for an order by the Tribunal, levy a contribution on another party who is successful in the proceedings.
    (2) An owners corporation that is unsuccessful in proceedings brought by or against it for an order by the Tribunal cannot pay any part of its costs and expenses in the proceedings from its administrative fund or capital works fund, but may make a levy for the purpose.
    (3) In this section, a reference to proceedings includes a reference to proceedings on appeal from the Tribunal.

    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.