If you have anything to do with strata schemes in NSW, you’ll know the term ‘special levy’ pops up from time to time.
In fact, you’ve probably scratched your head over the term, special levy once or twice especially if you live in a strata scheme and you’re part of an owners’ corporation.
So what is a special levy? We’re taking this opportunity to cut through the jargon and give you a no-nonsense understanding of special levies in NSW strata schemes.
You can pay your levies or special levies via My Portal.
In a nutshell, a strata scheme is where multiple property owners share a building or development.
Each owner has their own slice of the pie, that’s their individual lot; think apartment, commercial space, or parking spot. They then share the responsibility for the common areas (like gardens, hallways or the pool) with all the other owners. Owners pay quarterly levies or strata levies so this can happen.
Simple, right?
The owners’ corporation are the team of people responsible for managing and keeping an eye on common areas. It’s made up of all the owners in the scheme who band together to make decisions about important stuff, like maintenance, repairs, and more.
Special levies need to be approved by the majority of the owners’ corporation.
Before we get into the nitty-gritty of special levies, let’s break down the different types of strata levies in a strata scheme.
Administration fund levies are your regular quarterly levies. They cover day-to-day expenses like property maintenance and insurance premiums; the things that keep the place running without you having to think about it.
For many strata schemes this includes:
Keep in mind this doesn’t include bills for your individual property, only those for amenities and common spaces you and other owners share.
The administrative fund strata levies keep the wheels turning and ensure your strata community is in the best shape possible.
Think of the capital works fund as a rainy-day fund.
The capital works fund budget covers necessary and reasonable capital expenditure for the year ahead. It’s like your savings bucket for the strata community spending plan.
The capital works fund isn’t just about the here and now; it’s about the future. It needs to have enough money tucked away to handle expenses that might pop up beyond the current financial year.
For instance, if your owners’ corporation knows that in a few years, it’s time to give the common areas a fresh coat of paint or spruce up the car park, the capital works fund is where this money is likely to come from.
Special levies come to the rescue when unexpected expenses come up, and Owners Corporation does not have the funds or insurance just can’t cover it all.
Picture this: Your owners’ corporation faces a burst pipe crisis in the car park or the entire air conditioning system in the building decides to throw in the towel. These are the moments when special levies are called into action.
Special levies are not part of your regular financial plan, so they’re payable as soon as the need arises. Special levies are like your emergency fund; there when you need them most.
Imagine the administrative fund and capital works fund (previously known as the sinking fund) as your strata scheme’s bank account (like a regular savings account). You’ve got money stashed away for everyday expenses and some set aside for future plans.
But what if there’s an emergency project or an expense that wasn’t on your budget radar?
That’s where the special levy steps in. It’s like the emergency fund you never knew you needed.
Special levies are called on when the regular levies fall short of the financial requirements you need for an unexpected situation.
Burst pipes, damaged roofing, electrical mishaps—you name it, special levies are there for serious problems that needed to be fixed yesterday.
Special levies can also be useful for future planning, for those big projects you and your fellow homeowners would like to see when it comes to services and facilities. Things like a new pool, electric car charging stations or new equipment for the building’s gym.
No one likes unexpected expenses, especially ones that require you to dip into your pockets. But they’re an essential part of strata life, designed to ensure your strata complex not only survives, but thrives.
So, when do you need to crack open that special levy piggy bank? It all comes down to safety, essential repairs needed in your strata scheme or that special project your community has been planning.
But anything posing a threat to your strata community like the pot-holed pathways or amenities failing statutory safety standards? Well, those things can’t wait. That’s when special levies are able to save the day.
A special levy notice guides you through the process of bringing exciting changes to your strata community. So, what needs to be included?
There’s a process to follow, and it’s all laid out in the Strata Schemes Management Act.
Here’s what happens:
Enter the NSW Civil and Administrative Tribunal. It’s like the referee of strata disputes, and it’s got the authority to step in. They’ll listen to both sides of the story and make a call – either giving that special levy the green light overturning the decision.
Your special levy payments go into the trust account held by your strata managing agent. The funds must be used for their intended purpose. Any money leftover can be addressed in a future meeting.
While special levies are a necessary part of strata schemes, there are other ways to tackle unexpected expenses without immediately resorting to levies. These can include:
To make sure the owners’ corporation are all on board with special levies, here are some tips:
Nobody loves parting ways with their hard-earned cash, especially when it comes to unexpected bills or expenses like a special levy in a NSW strata scheme. But hopefully after reading this you’ll have realised special levies are not the bad guy here.
A special levy is your safety net, ensuring that your strata community remains safe and your residence is a functional and attractive place to call home.
Special levies might not be the most glamorous part of strata living, but they’re undeniably essential for maintaining your safety and lifestyle—ensuring your strata complex stands strong for years to come.
Let’s face it – when we hear the words ‘strata levy’ or ‘strata fees,’ they often conjure up images of tedious financial matters—like what could be worse than sorting through a pile of paperwork on a Saturday afternoon? But while the topic of strata fees often gets a bad rap, they play a crucial role in maintaining the health and well-being of your strata property.
So what are strata fees? We’re going to explain the often misunderstood concept of strata fees (or strata levies), uncover what they include, and discuss why they’re an essential aspect of managing strata schemes.
Strata levies, also known as strata fees, are the financial pulse of your strata property. They’re recurring payments made by property owners within a strata scheme, but they’re far from the mundane fees you might associate with everyday expenses.
Think of strata levies as a collective investment by the owners’ corporation into the well-being of your shared or common property in your strata community.
In a strata scheme, individual lot owners pay strata fees or levies to the body corporate.
The fee amount is often based on the value of each unit (aka unit entitlement), with larger units paying more. Each year, at the Annual General Meeting (AGM), the committee proposes a fee structure for the following year, which owners vote on.
Depending on the body corporate’s rules, levies can be due monthly, quarterly, or annually.
If you’re in NSW and part of a small-scale body corporate, you might be looking at around $1,200 to $2,200 per year.
But if you’re living it up in a sprawling apartment complex with all the amenities you can dream of, then your annual levy could climb to a heftier $8,000 to $10,000 or even more. Think of it as the premium package with all the extras.
And if you’re in a townhouse? Your strata fees are often a bit easier on the wallet compared to those in apartments.
A strata fee covers the cost of hiring a strata management company or strata manager.
A strata manager (or strata company) is responsible for overseeing daily operations, handling administrative tasks, and ensuring everyone in your strata scheme is adhering to the relevant strata management acts and regulations. This includes making sure the owners corporation pay strata fees and collecting unpaid strata fees.
Strata fees cover the ongoing care and repair of common property in your strata plan.
Regular maintenance efforts to keep your shared amenities at the top of their game (and maintain the value of your strata building) can only happen with the payment of strata fees.
Life is unpredictable, much like the weather.
Just as we’d all like to set aside savings for unforeseen events, strata levies contribute to a capital works fund or sinking fund.
This financial cushion is ready to cover significant future expenses such as a roof replacement or a fresh coat of paint for your property’s exterior. A sinking fund is all about being prepared and planning for the future. It’s your safety net for future expenses that might pop up beyond the current financial year.
Think of strata insurance as the ultimate protection plan for your property.
A portion of your strata levies goes toward this insurance, which typically covers the building’s structure and common areas. It’s your safety net against damage or liability issues that may arise.
The best part? The insurance premium is distributed among all owners in the strata scheme, ensuring that it doesn’t strain anyone’s budget.
Life sometimes throws curveballs. In such cases, additional levies might be imposed to cover sudden or emergency expenses that exceed the budgeted strata levies. Special levies can also be used to cover expenses for bigger dream projects like installing electric car charging stations or giving the pool a complete overhaul.
These levies are typically decided upon through a vote among the owners corporation, ensuring that everyone has a say in how costs are managed.
When the Federal Treasurer Jim Chalmers handed down this year’s budget in mid-May 2024 it looked like not much change for apartment owners at first glance. At CNG Property one of our core values is to find ways to save you money, so we delved a bit further, we have put together a snapshot for you on where you may win or lose financially in the coming year.
On 10th October 2023, the Strata Legislation Amendment Bill 2023 was introduced, proposing various amendments to the Strata Schemes Development Act 2015, Strata Schemes Management Act 2015, the Community Land Management Act 2021, and the Community and Development Act 2021.
Although is expected to change as it passes through the Legislative Council and Legislative Assembly, the amendments have been previously reported, and significant modifications are unlikely to occur. Here are some notable changes to the current legislation:
Proposed Changes to Strata Renewal Committee Operations
The following changes have been proposed to the Strata Renewal Committee’s operations:
Proposed changes to strata renewal laws include extending the committee’s operation for two years, allowing the court to order renewal even if preliminary steps are not fully compliant, clarifying dissenting owners’ cost orders, and allowing cost orders against dissenting owners in certain circumstances.
This amendment proposes avoiding the need to review the unit entitlements for the entire strata scheme where a subdivision involves only a small amount of common property.
Managing agents must notify their owners’ corporation three months before their term ends but not earlier than six months before.
The original owner has 14 days instead of 48 hours to supply specified documents before the first annual general meeting.
The committee can be appointed outside of an AGM, and the threshold to remove a committee member has changed to an ordinary resolution, with a 12-month bar on reappointment.
The committee will also consider an interest disclosure by a committee member.
The notice period for Annual General Meetings is proposed to be 14 days, rather than the current 7.
The proposed amendment to section 76 would allow an owners corporation to determine within 3 months whether money or part of the money should be reimbursed to the capital works fund or administrative fund. Currently, there is no discretion. Additionally, the notice time for levies relating to urgent works may be shortened from 30 to 14 days to address serious or immediate threats to health and safety.
The proposed amendment would require all strata schemes, not just large ones, to obtain two quotes from unrelated entities for works exceeding $30,000.
Recent amendments clarify that pets cannot be restricted and a bond cannot be required for pet approval. The changes also specify acceptable proof of an animal being an assistance animal.
An owners corporation can consolidate their current by-laws by special resolution even where they do not have any change of by-laws to register.
Specified records of the owners corporation (including strata rolls) are to be kept in electronic form six months from when this amending bill becomes law.
The restrictions on the number proxies a person can hold are extended to apply to votes held by company nominees and powers of attorney.
Amendments have been made for two-lot schemes, including changes to the original owner’s voting power reduction and the removal of the need for a resolution to pursue a breach of a by-law.
The amendments to the Community Land Management Act 2021 include similar changes to the Strata Schemes Management Act. They cover various aspects such as committee member election and removal, notice of expiring agency agreements, repayment of funds used for expenses of another fund, shorter levy notice for urgent works, two-quote requirement, restrictions on pet ownership and bonds, consolidation of by-laws, extended notice period for AGMs, and limitations on company nominees and powers of attorney.
These changes to the Strata Legislation aim to improve the operations and management of strata schemes and Community Land Management in New South Wales.
The amendments seek to address several aspects such as
The proposed changes are expected to address common issues and concerns in the Strata Management industry, ensure transparency and accountability, and protect the interests of both owners and tenants.
While the bill is not yet passed, it is hoped that its implementation will lead to more efficient and effective strata management in New South Wales.
13 October 2023
Lilla Kelemen, CNG’s Chief Customer Officer has been appointed as the new Chief Executive Officer for the CNG group along with Paul Culbi, Managing Director of Jamesons East, Sutherland Shire and Kooper & Levi, who moves into the newly created role of Group Licensee and Chief Operating Officer.
Current CEO Michael Vumbaca will take on the elevated role of Executive Chair of the wider CNG Property Group, which will continue to be family-owned.
Lilla has extensive experience leading diverse teams in service organisations across multiple industries to improve service delivery using technology solutions. She is known for her passion and dedication for building scalable and sustainable customer-centric organisations and cultures.
“Lilla has been instrumental in the development of our vision, client experience improvements and customer-centric strategy over the last two years. I am excited for the cross-industry knowledge that she brings and look forward to her leading our teams to deliver on our promise of making our customers Happier at Home driven by CNG’s investments in people, partnerships, and technology,” said Michael Vumbaca.”
In response, Lilla remarks: “I am thrilled to be leading this new phase of our growth and transformation to excel in meeting ever-changing customer and market demands. CNG and Jamesons is built on 60 years of dedication to professional excellence and customer service on a mission to leave our customers building’s in a better place.
It is an honour to inherit this legacy that continues to be the foundation for our strategy moving forward. I also look forward to working closely with Paul in his new role as we continue to shape standards across the sector”
Lilla will be supported by Paul Culbi, a Jamesons and strata industry veteran known for his dedication to the business, his profession and desire to continuously improve our industry’s professional standards.
Michael said, “Paul’s thoroughly deserved appointment highlights his passion for professional excellence in strata management and will ensure that all our clients and teams continue to benefit from his legislative and technical expertise and high-quality standards in delivering managing strata schemes.”
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