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  • #65874 Reply | Quote
    The Hood
    Flatchatter

      In a large strata plan.
      If money is raised for a particular line item in the capital works fund, say landscaping as an example item/matter, what is the status of the money raised if that money, come close of books, was not spent?
      Does it accrue to the line item for future spending against that line item?
      Does it become unallocated surplus because it was not spent?

      I am asking because a large SP has raised, over the last 3 years, several thousand annually for a particular line item and spent zero of it. Again this year it raised another several thousand for that line item. Hardly makes for an estimated actual or expected expenditure when the OC spends zero dollars on that item on a regular basis. I will at this point quickly digress and say NCAT are useless when it comes to addressing this type of over levying.
      And fat lot of good the agent is.

      Does money in the CW fund accrue against a line item (and consider how a 10 year plan works before you say no)?
      Does the money become ‘unallocated’ surplus?

      The legal stuff:
      I think the section of the Act that talk about what money can be expended from the capital works fund is something people should read before they comment. Remember – large SP scenario.
      Section 74 (4) in particular

      74 (4) Amounts payable from fund An owners corporation may pay money from its capital works fund only for the following purposes—

      (a) payments of the kind for which estimates have been made under section 79 (2),

      (b) payments made in accordance with this Division on a distribution of a surplus in the fund,

      (c) payments of amounts for the purposes of Part 11,

      (d) the transfer of money to the administrative fund or to pay expenditure that should have been paid from the administrative fund.

      AND 79 (2) and (6)

      79 (2) An owners corporation must, at each annual general meeting, estimate how much money it will need to credit to its capital works fund for actual and expected expenditure —

      (6) An owners corporation of a large strata scheme must include in the estimates prepared at an annual general meeting—

      (a) specific amounts in relation to each item or matter on which the owners corporation intends to spend money, or on which the owners corporation is aware money will be likely to be spent, in the period until the next annual general meeting, and

      (b) a note as to any difference between the estimates and the 10-year plan for the capital works fund prepared under this Division and the reasons for the difference.

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    • #65950 Reply
      The Hood
      Flatchatter
      Chat-starter

        The agent says:

        “The funds that were not spent under those line items is now there as an unspecified surplus in the capital works fund.”

        That means owners were collectively levied $50000+ over 3 years for no real reason.

        AND

        Money raised annually for the 10 year plan just becomes unspecified surplus after each 12 month period, it is no longer for painting  or new carpet or a new pool filter or whatever it was raised for. That’s an interesting take on it. Does Capital works money have a 12 month shelf life as a line item after which that intent gets lost and the money becomes unspecified surplus that, in theory, could be distributed back to the owner under s 77 – makes no sense.

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      Reply To: Can funds raised for a project only be used for that purpose?
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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