Levy Payment before NCAT hearing

Hi

Can anyone inform me whether an owner has to pay a Special Levy of $175,000  passed at the last EGM before the case is heard at NCAT??(NSW). 

Owners have received a ‘Notice of Levy ‘ consisting of the  Standard Levy plus the Special Levy which is payable by November 1 or  10% simple interest will apply to the outstanding debt. In my case this will be on $13,900 UE 8.

I have paid the standard levy, however 1/3 of owners  applied for Mediation to settle a dispute over the total cost of this cosmetic capital works.

The Strata Committee held a meeting and decided not to attend Mediation which was scheduled for the 24 October. Our application to NCAT was received on Friday 20 but the levy is payable by the end of the month.

What happens here as we don’t think we should be subjected to debt collectors or interest penalties until NCAT has heard our arguments and we have the chance to exercise our fundamental right to challenge the imposition of such a large Levy which is  purely for aesthetic reasons ie non structural 

Some works we agree should go ahead but spending $65,000 to re render a small wall which is neither structural and was listed as the lowest priority by SPMA engineers on their report is ridiculous especially when we now have holes appearing in the yard of owners courtyard and water ingress in brick walls that should take precedence. We have $30,000 in the Capital Works Fund.

If we pay the Levy contracts for remediation works will be signed however if NCAT at some stage later decides in our favour we would have to withdraw or may have to vary the contract and this may mean we are  in breach of the contract??

Also does anyone know what happens with the debt collection process and time line? Do we have time to delay until an outcome is reached by NCAT?

Neither Fair Trading or the Mediator had an answer except to pay the interest…