Special Levy passed without notification to owners | Levies and Unit Entitlements | Flat Chat Forum: Your Questions Answered




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Special Levy passed without notification to owners
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JayCee
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20/09/2017 - 1:17 pm
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HI all,
We just received a Notice of Special Levy for a repair to an underground gas leak.
The Tax Invoice was issued on the 12/09 and due on 18/09
we received the Letter on 18/09
I have since call up the Strata to find out what happened.
Apparently there was an EGM held for this on 11/09 which i and my fellow neighbours did not received any notice for.
And apparently there was only 1 proxy appointed by one of the units and we know that unit is owned by the builder/developer.
We live in a Townhouse complex with just 5 units.
Apparent there was a gas leak and they have to repair it. Work is done and there was not enough funds therefore we owners now have to pay for it. This is a brand new townhouse and we live there dec 2016.

I need advise on.
1. Is the motion still valid if we owners are not present and we are not properly notified of the EGM to pass this motion?
2. Can the builder which owns one of the unit eligible for this type of vote? I am sure if i am the builder i would vote NOT to pay for this repairs.
3. Why is a brand new property which have insurance and 7 years warranty not covering this type of damage? instead we owners have to pay for it?

Thanks in advanced.

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dingo
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21/09/2017 - 5:14 pm
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 I think you should speak with your strata manager and get the details as to how this has come about. Being a gas leak id say this was important to repair quickly but is it cpommon property and was it under warranty are questions you could discuss with the SM. 

See the link below for meetings

http://www.fairtrading.nsw.gov.....ation.page

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scotlandx
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21/09/2017 - 6:53 pm
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I don't really know where to start with this, you say that this is a new development (I think). Has the scheme had its first meeting and elected a Committee?  Has a budget and levies been set?

Dingo is right, if there is a gas leak then it has to be fixed, and quickly.  The issue is, again as both you and Dingo have noted - is the gas leak a matter that is something that is the responsibility of the developer under the warranty?  In that respect I am not sure why you would say the builder would not vote for repairs - he/she may well do that if it gets them out of being responsible for the leak.

So call the strata manager and ask them:

- was the gas leak something that should have been repaired under warranty

- if so, why wasn't a claim made?

Re the notice of meeting, also ask the manager why you didn't receive it.

If the scheme doesn't have enough money to fix a gas leak, you should start looking at your budget and how much you should be paying in levies.

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