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This topic is very interesting.
I read the comment
“However, you will have to pay a share of the installation of everyone else’s windows (unless you are in Victoria) while they don’t have to pay anything towards yours. ”
Does this mean that in Victoria if I fix my own windows I do not need to pay to fix anyone else’s windows?
Many thanks
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Does this mean that in Victoria if I fix my own windows I do not need to pay to fix anyone else’s windows?
Section 23 of the Act says this:
(3) The fees set must be based on lot liability.
(3A) Subsection (3) applies to the setting of fees relating to repairs, maintenance or other works even if the works are wholly or substantially for the benefit of some or one, but not all, of the lots affected by the owners corporation.
However, section 24(2A) of the current Victorian Act says this:
Fees for extraordinary items of expenditure relating to repairs, maintenance or other works that are undertaken wholly or substantially for the benefit of some or one, but not all, of the lots affected by the owners corporation must be levied on the basis that the lot owner of the lot that benefits more pays more.
That would seem to allow the owners corporation to vary who pays for what when special levies (extraordinary fees) are struck for specific projects. Windows could be a good example – where you fix yours at your own expense and the rest of the block gets their fixed later by raising a special levy.
If you wanted to take advantage of that, you would want a prior written agreement from the OC that you would not be charged for similar common property work done on other lots. You certainly shouldn’t assume that this clause would exempt you from contributing to other repairs.
And this could get very messy if the other repairs were done from the maintenance fund to which you have already contributed. If you were hoping to go down that road, you might do well to talk to a specialised strata lawyer first.
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.
Does this mean that in Victoria if I fix my own windows I do not need to pay to fix anyone else’s windows?
In Victoria, there is what’s generally called “The benefit principle”. It can apply to an OC’s funding of common property works. But only if those works are not part of an annual budget or are to be paid for by a special levy. The OC itself must still carry out the works.
The benefit principle means lots that benefit more pay more. So the usual formula of using a lot’s units of liability is not used.
If for example, an OC raised a special levy to repair all windows but your lot did not need that repair, the OC could apply the benefit principle and not include you in the special levy.
How to apply the benefit principle can sometimes be complicated. It’s a decision of either the committee or the OC itself. But if a lot owner thinks it should be applied or that was incorrectly applied, they can challenge the OC’s decision at VCAT.
For the record, in NSW all repairs and maintenance must be paid for from money raised according to your unit entitlements. In other words, you could pay for your own windows and then pay for a share of everyone else’s.
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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