#26555
Jimmy-T
Keymaster

    Until the first AGM, the developer is the Owners Corporation.  The owners Corporation can only charge for services relative to Unit Entitlements.  There is no capacity that I know of for “sharing” of expenses by any other means. If the developer want to alter the conditions under which owners are charged for services, then he has to get a ruling from NCAT.  If he doesn’t want to carry the burden of the rest of the costs he needs to sell the other units. 

    It occurs to me that they must be very close to having sold units adding up to one-third of the unit entitlements.  As soon as that point is passed they have two months in which to hold the first AGM. The developer will have his vote reduced to one-third and everybody else can get on with running the building properly.

    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.