Special Levies
My strata corporation consists of two sections – commercial and residential. The residential section has a limited common property lobby area with furniture that is looking worn and should be replaced. Do all owners have to pay for the new furniture?
Strata Property Regulation 11.2 provides that an operating expense or special levy related to limited common property designated to a section is shared amongst only those strata lots who are entitled to the benefit of the limited common property.
Our strata corporation passed a resolution authorizing a special levy in May. The resolution states that levy is payable in three equal instalments on the first day of July, August and September. If an owner sells a strata lot on July 15, who pays the special levy?
The seller must pay the part of the special levy payable before the date of conveyance. The buyer pays the instalments due after the date of conveyance. In this case, the seller pays the July 1st instalment and the buyer pays the August 1st and September 1st instalments.
My strata corporation consists of two identical buildings each with 40 residential strata lots. The furniture in the lobby of one of the buildings is looking rather worn and we would like to purchase new furniture and pay for it by a special levy. Do all strata lots pay the special levy?
Yes. Since the complex is not eligible under the Strata Property Act to have separate sections, one for each building, the strata corporation must levy on all 80 strata lots and not just the strata lots in the building getting the new furniture.
A strata corporation passed a resolution by a 3/4 vote authorizing a special levy for renewal of the landscaping around the building. Some of those funds are unspent and the landscaping is done. May the strata corporation use those surplus funds for new furniture in the lobby.
The strata corporation must use the money collected by means of a special levy for the purpose set out in the resolution. If the amount collected exceeds the amount required or is not fully used for the purpose set out in the resolution, the strata corporation must return the money to the owners. But if, at the time of returning the funds, each owner would receive less than $100.00, the strata corporation may deposit the surplus in the contingency reserve fund without getting the owners’ approval.
