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Special Levy
Is a special levy subject to PQ
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RE: Special Levy
Yes, Selwyn, a special levy is apportioned in the same way as the ordinary levy. If the system of levy determination applicable in your scheme is therefore based on PQ, that would also be the basis on which the special levy payable by each owner is to be calculated.
RE: Special Levy
While I do agree with Annette, if our building imposes a special levy for a particular purpose, we make everyone pay the same. The reason is that 11 out of 12 units are exactly the same size, one unit is slightly smaller due to the electricity meter room for the complex being housed under the staircase of that unit, and the most wealthy person in the complex lives in that unit. It is therefore unfair to impose the special levy based on the PQ in our particular building.
RE: RE: Special Levy
Hi Ian
Could you please give me the STA reference where levies(either ordinary or special) are determined per an owner's financial status or was a rule (filed at the Deeds Office) made i.t.o. ยง 32 (4) to allow for this? If this procedure was not followed then your schemes SL's would be ultra vires the STA and not legally binding. Also what would happen if your current "wealthy person" sells and Mr Average Joe buys?
RE: Special Levy
Thanks for the replies. What I was actually getting at is for eg. it was decided that water meters were to be installed at each unit the cost per unit is the same would each unit owner be equally liable for the cost.
RE: RE: Special Levy
Hi, Selwyn. This looks like a different situation entirely, as each Section would be paying for its own meter, and the question of a special levy does not arise.
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