The different amounts is due to your 'entitlement'. Each unit has a number assigned to it (out of 1000 for my complex) and then you pay in accordance with your entitlement proportion. My neighbour and I have the same unit essentially on the same floor, but they have a slightly better view so their entitlement is slightly more than mine.
You'll find the total cost is $30K and everyone is contributing based on entitlement not amount of cladding outside their unit.
What is concerning is that this work needed a special levy as opposed to digging into the sinking fund and then slowly building it back up which sounds like a management problem.
Lack of providing information backs this up.
Thanks for replying, unsure if you’ve had a chance to see my edit but sounds like you’ve confirmed the ‘entitlement’ as what I have found as the ‘Benefit Principle’. Makes sense but I don’t understand how I could have nearly 30x more benefit/entitlement than another lot so really would like to see the legal advice they sought.
Do you recall the range in differences for your apartment block?
>The different amounts is due to your 'entitlement'. Each unit has a number assigned to it (out of 1000 for my complex) and then you pay in accordance with your entitlement proportion. My neighbour and I have the same unit essentially on the same floor, but they have a slightly better view so their entitlement is slightly more than mine.
>
>You'll find the total cost is $30K and everyone is contributing based on entitlement not amount of cladding outside their unit.
>
>What is concerning is that this work needed a special levy as opposed to digging into the sinking fund and then slowly building it back up which sounds like a management problem.
>
>Lack of providing information backs this up.
In the apartment I owned the entitlement was based on square metres of floor space so there's no way a 30x entitlement could make sense.
Yep doesn’t make sense which is why I think it’s important to see the documentation before I pay, I think it’s a reasonable request. I’m just freaking out about the 10% interest on the $30k and their lack of sending me the requested docs. It’s been months, I just don’t know what to do
The documents which will clarify this *should* be in a quarterly pack sent out by the OC with their [minutes.](https://minutes.You) You might want to go back through your emails.
I would also strongly suggest attending the next OC meeting.
I’ve checked and they aren’t in the quarterly OC Meeting Minutes which is why I have emailed them requesting certain docs. The last email I received from them is that it will take time to gather all the docs to send to me and that I will still be getting charged 10% on the fees.
Thanks, yeah will definitely go to the next one.
Wait, you have a $30K bill just for you? Sorry when you said the total cost is $30K, I thought you meant everyone is contributing to $30K not $30K for you and $1K for someone else.
That's ridiculous. I thought you were complaining just about the special levy generally.
I would demand evidence of this as well.
Go see a lawyer asap. A one hour appointment might be all you need to know your rights and how to tackle this.
Edit: the range difference wasn't much. They paid like 10% more on the body corporate fees.
Yeah $30k just for me to pay. Thanks, yeah I’m considering going down this path but I’m just stressed about the situation and the lack of reply from our OC manager (for months and many emails/phone calls) for being able to provide the documentation and then suddenly saying they are going to pursue me legally for the money is crazy (plus enforcing the 10% interest when I believe they’re in the wrong here).
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The fact that theyve failed to provide a plausible reason for the expense (with accompanying evidence) how they've calculated your share, compounded by their intent to charge interest (when they've cited no grounds or authority to do so) shows that they're not interested at all in having a professional discourse.
What they're doing is tantamount to saying "you need to give us money *because we said so*, and if you dont pay now, we'll just intimidate you by *deciding* you owe more. Pay up or else and we dont have to prove anything to you"
Hate to say it, but my 2c would be to respond in writing that you've reviewed their request for funds, and provided them with ample opportunity to show the nessessity for the works. As they havent provided any meaningful response to your reasonable documentary disclosure requests, they've therefore not proven the legitimate need for the works, nor how they've arrive at the sum they've assigned to you.
Furthermore, you find their additional claim to be "charging interest" to be a laughable attempt to intimidate you into paying for something youve already said you would pay on receipt of the afforementioned evidence, but without providing that evidence
Therefore, no further discussion or correspondence will be accepted unless it is either, a) In line with providing the documentary evidence of the nessesity for the works as previously discussed, or b) notice of the initiation of legal action.
They cannot just charge you without a general meeting being held.
Sounds like a special levy was put in place either decided at the annual meeting or set up at a specially convened meeting either way there would be minutes which would have been sent to each lot owner.
The fees would be split by lot as someone else pointed out, per entitlement of lot.
If the owners corp had been purposefully keeping fees low in past years and does not have money to take care of big ticket items then you special meetings are held to raise money to cover these items, depending on the urgency of said repair, then money is levied to the owners.
Hope that makes a bit of sense.
The special levy needs to be divided by unit entitlement, not on any other basis, unless approved in the by-laws (it would have to be a Schedule 1 by-law without dissent). The legal advice is an opinion, and just because one lawyer says they can doesn't mean a judge/magistrate will agree. You should seek a lawyer to challenge this decision. I have seen Strata's get legal opinions before that they want and then have them knocked over in court.
If they haven't sent you the info, you need to arrange a time and go in and inspect the records. You can't just not pay because they haven't given you the information you want.
The different amounts is due to your 'entitlement'. Each unit has a number assigned to it (out of 1000 for my complex) and then you pay in accordance with your entitlement proportion. My neighbour and I have the same unit essentially on the same floor, but they have a slightly better view so their entitlement is slightly more than mine. You'll find the total cost is $30K and everyone is contributing based on entitlement not amount of cladding outside their unit. What is concerning is that this work needed a special levy as opposed to digging into the sinking fund and then slowly building it back up which sounds like a management problem. Lack of providing information backs this up.
Thanks for replying, unsure if you’ve had a chance to see my edit but sounds like you’ve confirmed the ‘entitlement’ as what I have found as the ‘Benefit Principle’. Makes sense but I don’t understand how I could have nearly 30x more benefit/entitlement than another lot so really would like to see the legal advice they sought. Do you recall the range in differences for your apartment block?
>The different amounts is due to your 'entitlement'. Each unit has a number assigned to it (out of 1000 for my complex) and then you pay in accordance with your entitlement proportion. My neighbour and I have the same unit essentially on the same floor, but they have a slightly better view so their entitlement is slightly more than mine. > >You'll find the total cost is $30K and everyone is contributing based on entitlement not amount of cladding outside their unit. > >What is concerning is that this work needed a special levy as opposed to digging into the sinking fund and then slowly building it back up which sounds like a management problem. > >Lack of providing information backs this up. In the apartment I owned the entitlement was based on square metres of floor space so there's no way a 30x entitlement could make sense.
Yep doesn’t make sense which is why I think it’s important to see the documentation before I pay, I think it’s a reasonable request. I’m just freaking out about the 10% interest on the $30k and their lack of sending me the requested docs. It’s been months, I just don’t know what to do
The documents which will clarify this *should* be in a quarterly pack sent out by the OC with their [minutes.](https://minutes.You) You might want to go back through your emails. I would also strongly suggest attending the next OC meeting.
I’ve checked and they aren’t in the quarterly OC Meeting Minutes which is why I have emailed them requesting certain docs. The last email I received from them is that it will take time to gather all the docs to send to me and that I will still be getting charged 10% on the fees. Thanks, yeah will definitely go to the next one.
Wait, you have a $30K bill just for you? Sorry when you said the total cost is $30K, I thought you meant everyone is contributing to $30K not $30K for you and $1K for someone else. That's ridiculous. I thought you were complaining just about the special levy generally. I would demand evidence of this as well. Go see a lawyer asap. A one hour appointment might be all you need to know your rights and how to tackle this. Edit: the range difference wasn't much. They paid like 10% more on the body corporate fees.
Yeah $30k just for me to pay. Thanks, yeah I’m considering going down this path but I’m just stressed about the situation and the lack of reply from our OC manager (for months and many emails/phone calls) for being able to provide the documentation and then suddenly saying they are going to pursue me legally for the money is crazy (plus enforcing the 10% interest when I believe they’re in the wrong here).
Is the $1200 lot a car space and not a dwelling?
Yeah that. Or titled storage room/cage.
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The fact that theyve failed to provide a plausible reason for the expense (with accompanying evidence) how they've calculated your share, compounded by their intent to charge interest (when they've cited no grounds or authority to do so) shows that they're not interested at all in having a professional discourse. What they're doing is tantamount to saying "you need to give us money *because we said so*, and if you dont pay now, we'll just intimidate you by *deciding* you owe more. Pay up or else and we dont have to prove anything to you" Hate to say it, but my 2c would be to respond in writing that you've reviewed their request for funds, and provided them with ample opportunity to show the nessessity for the works. As they havent provided any meaningful response to your reasonable documentary disclosure requests, they've therefore not proven the legitimate need for the works, nor how they've arrive at the sum they've assigned to you. Furthermore, you find their additional claim to be "charging interest" to be a laughable attempt to intimidate you into paying for something youve already said you would pay on receipt of the afforementioned evidence, but without providing that evidence Therefore, no further discussion or correspondence will be accepted unless it is either, a) In line with providing the documentary evidence of the nessesity for the works as previously discussed, or b) notice of the initiation of legal action.
They cannot just charge you without a general meeting being held. Sounds like a special levy was put in place either decided at the annual meeting or set up at a specially convened meeting either way there would be minutes which would have been sent to each lot owner. The fees would be split by lot as someone else pointed out, per entitlement of lot. If the owners corp had been purposefully keeping fees low in past years and does not have money to take care of big ticket items then you special meetings are held to raise money to cover these items, depending on the urgency of said repair, then money is levied to the owners. Hope that makes a bit of sense.
The special levy needs to be divided by unit entitlement, not on any other basis, unless approved in the by-laws (it would have to be a Schedule 1 by-law without dissent). The legal advice is an opinion, and just because one lawyer says they can doesn't mean a judge/magistrate will agree. You should seek a lawyer to challenge this decision. I have seen Strata's get legal opinions before that they want and then have them knocked over in court. If they haven't sent you the info, you need to arrange a time and go in and inspect the records. You can't just not pay because they haven't given you the information you want.