By The Paddocks Club Team
I have a body corporate that wishes to pass a special levy for upgrading the electrical supply to the scheme.
The problem is that they are attempting to force the Developer to contribute to the special levy for this exactly for the same amount as the owners of units while the real right areas are unimproved.
Can they do this as I am of the opinion they can’t?
You are correct. The body corporate can only recover from the holders of future development rights its costs in regard to the real right areas.
There is nothing in the Act that allows the body corporate to demand levies from the holders of FDRs, until they exercise their rights and complete the buildings.
In this case it appears that the expense is in regard to an improvement to the scheme’s infrastructure, so the provisions of PMR 33 will also apply.
Repair of interior damp
Two units within a complex have a serious damp problem on a common interior wall. The source of the problem is, at this stage, unknown and as such they contend that the body corporate must source the problem and attend to the repair.
My view is that as the walls are within the individual sections, the two owners need to jointly deal with the issue and that the body corporate should not be involved at this stage.
Could I ask you to please confirm my thinking?
Your thinking is sound. It is only if the owners can show that the problem is due to some problem with the common property that the BC would be obliged to get involved.
Article reference: Paddocks Press: Volume 9, Issue 5, Page 5
This article is published under the Creative Commons Attribution license.