NSW: Q&A Strata levy increases – how much and how often?

These questions about levy payments and strata levy increases came in from NSW Lot Owners.

Table of contents:

• QUESTION: Can a strata levy increase be backdated? Our payment quarter is 1/10 – 31/12. We had a levy increase at an AGM on 15/11. The levy has been backdated to 1/10.
• QUESTION: When developers are selling off the plan, what is their responsibility to ensure they put forward real numbers for strata levies?
• QUESTION: Who do I ask regarding why my strata levies have increased?
• QUESTION: How much, within reason, can strata levy increases be and what time frame is reasonable for increases?
• QUESTION: How much am I paying for strata levies per quarter?
• QUESTION: How do we know we are paying the correct amount for our levies? How are my levies and strata levy increases calculated?
• QUESTION: Are my substantial strata levy increases justifiable?

Question: Can a strata levy increase be backdated? Our payment quarter is 1/10 – 31/12. We had a levy increase at an AGM on 15/11. The levy has been backdated to 1/10.

Answer: Provided you are given at least 30 days within which to pay the levy, this is not in breach of the Act.

Pursuant to Section 83(3) of the Strata Schemes Management Act, 2015 (NSW) (Act), levies are due and payable on the date set out in the notice which must be at least 30 days after the notice is given.  

Therefore, if the levy increase was determined in November but dated 1/10 (the Act is silent on backdating), provided you are given at least 30 days within which to pay the levy say around 15/12 or later, that is not in breach of the above section.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This post appears in Strata News #639.

Question: When developers are selling off the plan, what is their responsibility to ensure they put forward real numbers for strata levies?

When developers are selling off the plan, what is their responsibility to ensure they put forward real numbers for strata levies? We often hear that, to generate sales, developers try to minimise strata levies. Once the building is occupied, funds are below what is required to properly maintain the building and this causes additional need to raise funds to manage the building. This also hugely impacts warranties.

Answer: If the CWFP is undertaken by a developer, these may be conservative and lend towards lower levies, hence a more marketable sale, particularly if done off the plan prior to completion.

In the state of NSW, a developer of a new scheme must complete a Capital Works Fund Plan (CWFP). This helps the Strata Manager set levies and also what is called an Initial Maintenance Schedule (IMS). The IMS is a maintenance regime for all assets in the new scheme and how these should be maintained in relation to warranties. Essentially this is the developer saying to the new committee “here is everything I put into the building and here is how you maintain it,” so this report if done correctly is meant to take care of the warranty scenario.

At the commencement of a new scheme, essentially the developer still owns most of the lots and hence forms the Strata Committee responsible for maintaining the Owners Corporation. If completed by an independent professional, the CWFP will reflect real numbers and expenses set for the future. If however undertaken by a developer, these may be more conservative and lend towards lower levies, hence a more marketable sale, particularly if done off the plan prior to completion. It is then the responsibility of the new owners forming a proper strata committee to investigate what is currently being budgeted for and if necessary, get another CWFP done by an independent professional to ensure that maintenance has been budgeted for appropriately.

The good news is that at the birth of a scheme, minimal maintenance is required for several years as all materials, assets etc are new, giving the owners corporation the time to save money for expenses down the track. There should not often be a scenario in which new owners have to raise significant special levies immediately for maintenance works unbudgeted for. There is also a (warranty scheme in play that requires the developer to rectify any issues that occur during the first few years. Please Note, there is a requirement for the OC to enlist the services of an independent expert within 2 years of forming the OC to inspect the building and ensure that any defects that are the developer’s responsibility are taken care of before the developer is entitled to receive their 2% government building bond back.

Dakota Panetta
Solutions in Engineering
E: dakotap@solutionsinengineering.com
P: 1300 136 036

This post appears in Strata News #565.

Question: Who do I ask regarding why my strata levies have increased?

In reference to Strata Levies increase I have read: “Levies are normally only increased if there is a need to do new works or there are additional expenses. Ask why the increase is being made if you are not sure, ask why they were increased.” WHO do I ask? 

I asked our Strata Manager and pointed out there was nothing in the AGM minutes regarding a reason for the increase in levies but she just replies like a robot and says they have increased. I am on the committee but couldn’t attend the AGM due to work commitments. I have sent an email to the other committee members but they are too scared of one of the members (who bullies & calls the shots) to respond to my question. 

Where do I go from here?

Answer: Levies come back to the budget.

Levies come back to the budget.

The owner needs to review the budget in detail which is how levies are set – the cash position of a scheme as at year end plus the expected expenses over the coming year (which are detailed in the budget), plus the desired cash balance at the end of the year will generally be the way that levies are arrived at.

Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au

This post appears in the November 2020 edition of The NSW Strata Magazine.

Question: How much, within reason, can strata levy increases be and what time frame is reasonable for increases?

Are there limitations and / or restrictions for both time and cost for strata levy increases or are they purely at the discretion of Strata Management?

Answer: The Strata Schemes Management Act 1996 does not set a limit regarding strata levy increases and / or timing to pay a levy raised by an owners corporation.

The Strata Schemes Management Act 1996 does not set a limit regarding levy increases and or timing to pay a levy raised by an owners corporation. However, the Act does set out the process for raising a levy payable by owners within a Strata Scheme.

In summary, the process of raising a levy is as follows;

1. Levies can only be decided on at a general meeting and must be discussed and accepted by a vote of the owners.
2. The annual levies are determined at the Annual General Meeting each year as per Section (75) and (76 ), special levies can be determined at the Annual General Meeting or at an Extraordinary General Meeting as per section (76 {4} ).
3. You can vote against the increase or put up a motion for a different levy amount if you wish.
4. Levies are normally only increased if there is a need to do new works or there are additional expenses. Ask why the increase is being made if you are not sure.
5. If you are concerned about rising costs you could try to negotiate to pay in instalments, this is however for the Owners Corporation to approve any payment plan.
6. When a levy (either the annual levies or a special levy ) is determined by an owners corporation at the relevant meetings, the agreed amount, due date, number of instalments and purpose of levy must also be determined.
7. A managing agent may put a motion for an increase in levies on the meeting agenda but cannot impose levies, this is entirely up to the owners.

Leanne Habib
Premium Strata
P: 02 9281 6440
E: info@premiumstrata.com.au

Question: How much am I paying for strata levies per quarter?

I am looking for how much I am paying for strata levies each quarter but I can’t find this information anywhere. I have no idea where I am supposed to look. Can you please tell me how I can find this out?

Answer: You can retrieve confirmation of your levy contribution or strata levy increases a few different ways

You can retrieve confirmation of your levy contribution or strata levy increases by one of the following ways:

1. Referring to the levy statement that would be issued quarterly by the Treasurer of the owners corporation and in most cases the delegated treasurer being the Strata Managing agent
2. Requesting the treasurer/delegated treasurer for an owner ledger which will summarise all contributions levied to your lot
3. Contacting the treasurer/delegated treasurer direct for confirmation of your levy contributions

The annual budget will also summarise what the levy income is used for.

Leanne Habib
Premium Strata
P: 02 9281 6440
E: info@premiumstrata.com.au

Question: How do we know we are paying the correct amount for our levies? How are my levies and increases calculated?

We bought into this new 14 unit strata scheme 10 months ago. We were asked to pay $600 per quarter plus the % of our unit entitlement of the insurance.

Recently the initial owner who still owns 11 units advised us we had to pay 1/3 of the water usage costs for this 10 month period which is over $1500.

No account was provided to us (single meter only) until I asked and a poor copy of the first page of the latest account was put under our door. We believe that the water usage should be divided as per unit entitlements even though some of the units are empty.

Answer: Contributions should be based on the owners unit entitlement and not on any other equation

It appears from the details provided below that the scheme is possibly self-managed. Either way, if the scheme is self-managed or managed by a Licensed Strata Manager the Strata legalisation sets out the process on how costs are shared by owners via the levy contribution.

The Owners Corporation meets annually to determine and adopt an annual budget. This generally sets out the expenditure relevant to repairing and maintaining common property.

Once the annual budget is determined and adopted by owners at the Annual General meeting the owners are then levied the total budget amount according to their unit entitlement i.e. an owners portion of the contribution to the overall building cost should be based on the owners unit entitlement and not on any other equation.

The levy income collected by the Owners Corporation is used to cover the cost to repair and maintain the common property as required by an owners corporation under Section 62 of the Strata Schemes Management Act 1996.

In conclusion, when levies are determined they are payable by all lots including vacant lots and the owner of each lot is responsible to pay the levies by the due date determined by the Owners Corporation. There is no exclusion under the Act to exempt levies for vacant lots.

The Owners Corporation must also maintain an accurate record of the schemes documents including financial accounts and invoices payable by the Owners Corporation. You may, as a registered owner, search the books and records of the Owners Corporation as per Section 108 of the Strata Schemes Management Act 1996.

Leanne Habib
Premium Strata
P: 02 9281 6440
E: info@premiumstrata.com.au

Question: Are my substantial strata levy increases justifiable?

Are significant strata levy increases justifiable in order to boost a sinking fund (now known as the Capital Works Fund) of around 30K, especially if a Special levy to the tune of under 3K per quarter has just been concluded for other work to common property for the year.

I feel that it is not reasonable, disproportionate and not fair. The block is from the 1970s and work is required but increments would be more sensible and manageable. What do you suggest?

Answer: The Act does not set a limit regarding increases and or timing to pay.

The Strata Schemes Management Act 1996 does not set a limit regarding strata levies increases and or timing to pay a levy raised by an Owners Corporation.

However, the Act does set out the process for raising a levy payable by owners within a Strata Scheme.

Leanne Habib
Premium Strata
P: 02 9281 6440
E: info@premiumstrata.com.au

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Have a question or something to add to the article? Leave a comment below.

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Read next:

• NSW: Q&A When are My Special Levies Due?
• NSW: Q&A Can I Reduce My Strata Levies By Doing My Own Mowing?

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