#21353
Whale
Flatchatter

    CBF – Sect 65A of the NSW Strata Schemes Management Act states at Cl.5(a) that “a By-Law made for the purposes of this section may require, for the maintenance of the common property, the payment of money by the owner concerned at specified times or as determined by the owners corporation…”

    So when the Special By-Law (SBL) is drafted it’s quite appropriate and indeed customary for a provision to be included that requires the beneficiaries (of the SBL) to pay an amount to the Owners Corporation (O/C) each quarter that takes account, amongst other things, of any increased value to their Lot that’s arisen from the consented alterations / additions, and which is not reflected in that lot’s units of entitlement (UOE).

    Whilst Cl.5(a) states that any payment is “for the maintenance of the common property”, that doesn’t mean the common property for which the beneficiary is made responsible under the SBL, but rather for the common property of the O/C where amounts for its proper maintenance and care are contributed to the Admin Fund by all Owners on the basis of their UOE.