#17988
Jimmy-T
Keymaster

    @kiwipaul said:
    According to my reading of the law you can skip mediation and go straight to Adjudication IF the Strata Roll (or other legal document) shows unit entiltlements are different from what she has been paying, because a mediator has no jurisdiction in this case.

    From NSW Strata living

    What disputes are excluded?
    • allocation of unit entitlements

    Yes but … no, but …

    This isn’t about the allocation of UEs it’s about the amount of levies charged.   We are working on the basis that there was a set of UEs established when the strata plan was registered but that was ignored by subsequent Owners Corps.

    On the CTTT form, under Section 149, it says 

    To alter amount of contributions or alter manner of payment of contributions

    • Describe why the levy should be a different amount and what the amount should be
    • Provide the date the levy was decided and the last day for payment
    • Include the estimates and minutes of meetings where the levy was decided
    • Describe how the levy should be paid (you should provide sufficient detail to enable an understanding of your budgets and levies)
    • Attach evidence of attempted mediation

    The last line is also in bold on the form so I guess that means they mean it.
    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.