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QNA Special Levy


09 Dec 2022

Question: A special levy was raised to replace a membrane and the work had not commenced when I sold the property. Can I request a refund?

We had a special levy issued to replace a membrane and paid for over a 12 month period, with the final funds collected in Jan 2019.

Work has not yet been commissioned on the maintenance project. I have since sold the property. At what point must they spend this money on the membrane replacement project? What if they chose not to progress.
Can I request a refund?

Answer: The price you received for your property takes into account any reserve funds held by the owners corporation.

The timing for them to act depends on what resolutions have been passed. Irrespective of what happens to the funds raised, assuming that they were raised in good faith there would be no reasonable prospect of you obtaining a refund. In theory, the price you received for your property takes into account any reserve funds held by the owners corporation.


Gary Bugden
Bugden Allen Lawyers