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I just read on line that an amendment can be moved to adjust levies down by 10 per cent at an AGM and if voted on only the votes of those present would count ie the proxy for an absent owner would not count.
This article was written for QLD but interested if it applied in NSW.
Also query what happens when the current levy proposed is totally rejected at the AGM. Is the OC able to continue to operate with the existing levies or does it bring everything to a standstill so no invoices etc can be paid??
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Queensland strata law is very different from NSW and Victorian strata law and much more complicated (I’ve been told their section on secret ballots is bigger than the entire Victorian Act).
I would not make any assumptions about any other strata law from any other state having any relevance to the one you’re in.
I don’t know that any such provision exists in NSW strata law and it doesn’t make much sense to me anyway. Levies are based on what your treasurer and committee think you will need to spend in the next year. If you are going to cut that by 10 percent, where are you going to make the saving? You would have to come to the AGM with a plans, say to close your swimming pool, or cut back on cleaning for a reduction in the budget to make sense.
There is another post on here where the Owners Corp is about to run out of money and, as a result, have to pay a special levy demanded by their strata manager. You can save on levies, for sure, but it has to be done in a more considered manner.
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.
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