In a complex strata scheme dispute in NSW where a lot owner claims the owners corporation has incorrectly allocated special levy costs, and the owners corporation argues the allocation follows a validly passed special resolution, what is the most likely jurisdiction for resolving this matter?
Correct Answer
B) NSW Civil and Administrative Tribunal
The NSW Civil and Administrative Tribunal (NCAT) has specific jurisdiction over strata scheme disputes under the Strata Schemes Management Act 2015 (NSW). NCAT can hear matters involving levy disputes, by-law enforcement, and governance issues, providing a specialized forum for resolving complex strata matters without the cost and formality of superior courts.
Why This Is the Correct Answer
The Strata Schemes Management Act 2015 (NSW) gives NCAT power to make orders settling disputes about levies, resolutions and owners corporation decisions, including orders invalidating a resolution. Most applications must first go through mediation offered by NSW Fair Trading, and if that fails the matter proceeds to NCAT's Consumer and Commercial Division.
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An owners corporation in a strata scheme wants to make a significant change to common property. What is typically required under strata legislation?
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In a strata scheme where levies are shared in proportion to unit entitlement, Sarah owns lot 15 with 80 of the 2,000 unit entitlements. The owners corporation raises a $50,000 special levy for roof repairs. How much must Sarah pay?