#22125
Whale
Flatchatter

    Thanks maryjane – when you say that this one Owner won’t contribute to common costs, are you saying that they’re not making Levy Contributions at all, or just that they won’t contribute to a special levy to fund the repairs that you’ve listed?

    Whilst awaiting your reply, the situation (in NSW) is that your Owners Corporation (comprising you and the other 4 Owners) is legally bound to follow the requirements of the Strata Schemes Management Act (1996) and the Regulation (2010).

    The relevant legal provisions in your situation are Sections 62 ,76 (clause 4), and 80, where in summary your Owners Corporation (O/C) has an absolute responsibility to properly maintain and repair its Common Property (which you’re trying to do), is able to raise a Special Levy if there’s insufficient funds to do that in its Administrative and Sinking Funds, and can collect any non-payments by an Owner via normal debt-collection processes.

    All of the above can be resolved by way of a simple majority of Owners voting in favour at a General Meeting of the Owners Corporation, so a NO vote by 1 dissenting Owner in a 5 Lot Strata Plan cannot frustrate any part of the process, including the raising of a Special Levy.

    I have a feeling that there’s more to come with this, so we’ll await that detail after you’ve had a chance to read through the “links” that I’ve provided and to put those in context with your situation.

    Apologies for answering your questions with questions, but do you have a Strata Manager?