- This topic has 3 replies, 4 voices, and was last updated 13 years, 10 months ago by .
-
Topic
-
– The CTTT can do so under s183 of the SSMA. This is a bit cumbersome.
– Is there an easier way, like passing a resolution and registering it with the Registrar-General? I've googled it and it seems possible by Special Resolution accompanied by Approved Form 30.
-
Replies
-
I think you can do it this way but only with a unanimous vote in support.
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.
Sadly, there's no easy way here.
You can't change strata unit entitlements in NSW other than by getting a CTTT order under section 183. And, that kind of application can only be made on limited grounds and needs a detailed (means expensive) valuation of all lots in the strata building to support it too.
Having said that, if you've got a good valuation and you can show the developer didn't rely on a valuation when the unit entitlements were set, you might also be able to get a costs order against the developer and repayment of any overpaid levies for the last 6 years.
So if it's worth doing, there's some upsides.
Francesco Andreone
We are in a block of 4 townhouses. The buildings are all roughly the same size. All are roughly the same value.
2 are 430m2 and 2 are 310m2. The larger ones have extra land. All levies are the same.
Is the any chance of having the entitlement adjusted?
- You must be logged in to reply to this topic.