#25438
Jimmy-T
Keymaster

    Tell your strata manager that you would like the Owners Corp to agree that your payment is excessive but that you are prepared to take responsibility for all the electrical wiring in your unit and will sign a binding document to that effect – that way the Owners Corp can’t be liable for the quality of work done by your contractor.

    Failing that, you will take the OC to NCAT for orders under Section 149 (see below).  Your strata manager will argue that everybody has to pay the same because that’s what the laws says (which is kind of true) but the law also allows for variations in certain circumstances.  So long as the owners corp is not left with liability for work that you did on your unit (and this may require a special resolution by-law) then it should be OK.

    That said, if there is any additional cost imposed in reaching this compromise, you should pay it because, when it gets down to brass tacks, regardless of the circumstances, you shouldn’t change common property without the knowledge and approval of the Owners Corp.

     

    149   Order for variation of contributions levied or manner of payment of contributions

    (1)  An Adjudicator may make either or both of the following orders if the Adjudicator considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable:

    (a)  an order for payment of contributions of a different amount,

    (b)  an order for payment of contributions in a different manner.

    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.