Can an owner quarantine their levies?

Hi there,

We’re about to head into NCAT for a hearing and the SC voted to authorise expenditure for proper legal advice out of strata funds (we will try to recoup the costs via a costs order or through our insurance). The owner with whom we are in dispute, a member of the committee, was invited to the meeting but informed that she was not allowed to vote on the matter due to her pecuniary interest (this was on advice from the proposed lawyer).

She protested (as expected and we had a majority anyway) and has requested that “all contributions made by me up to this point and in the future (be) quarantined so that my contributions may not be used against me in this legal matter and any matters related to it now or in the future.”

Are we required to do this? (not that we will be using them “against” her!!)

I read the post regarding where costs had already been awarded against the OC and an appeal was being considered, however we have yet to have our formal hearing (we’ve been through Conciliation and Group Hearing stage) and have simply engaged a lawyer to review our submission and advise accordingly. We will represent ourselves at the hearing.

Many thanks for your always wise counsel xxx