I have a question regarding strata law. Can levies be charged for a property that does not have unit entitlements? Wea

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Customer: Hi, I have a question regarding strata law.
JA: What state are you in? It matters because laws vary by location.
Customer: Can levies be charged for a property that does not have unit entitlements? Wea are in NSW
JA: What steps have you taken so far?
Customer: We have not been able to get a clear answer. We asked the strata manager but he wont tell us.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, i think that is my main question, thank you.
Answered by John Melis in 6 hours 2 years ago
John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

You have provided some excellent information, is there any more detail that you can assist with?

I bought a unit in Sydney, NSW off plans. After finally moving in and having paid levies for months it came to my attention that there were incorrect plans lodged with council, there is no strata plan and the unit entitlements for each unit were incorrect.
Can the strata manager charge levies when the unit entitlements are incorrect and there is no strata plan?

John Melis, Expert

Concerning your important matter regarding the unit levy entitlements being incorrectly stated on the strata plan or in your case no strata plan, deliveries cannot be charged in any fashion. What do you need to do is immediately raise a claim in the New South Wales civil administrative tribunal without delay to dispute any Fees that have been put to you on the basis that there is no strata plan with details delivery division. In addition to this you could also Sue your conveyancer as they failed to check the contract of sale quickly in regards ***** ***** levies that were applicable to your unit which should have been picked up that there was no strata plan in place. Or that of a strata subdivision completed that details the unit entitlements

So you have two aspects to do, one is to see your conveyancer to the other one is to raise a claim in the New South Wales civil administrative tribunal disputing delivery charges that you have received

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

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