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Hit With an Unfair Special Levy? How to Formally Dispute It

A surprise $15,000 special levy with no proper resolution, no quotes, no consultation. Australian strata law gives you grounds to challenge it — here is how.

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Topics: complaint, dispute, special levy, strata

The notice arrives. A special levy of thousands of dollars, due in 30 days, for works you’ve never been consulted on. In most Australian states, the procedural requirements for raising a special levy are strict — and a defective resolution can be set aside by the tribunal.

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The procedural requirements in your state

New South Wales: Strata Schemes Management Act 2015 section 81 — special levies require a properly-convened general meeting with the correct notice period (typically 7–14 days), correct quorum, correct motion wording, and a majority vote. NCAT can invalidate non-compliant levies; in NSW, try NSW Fair Trading mediation before applying to NCAT. Victoria: Owners Corporations Act 2006 sections 23–24 (VCAT). Queensland: Body Corporate and Community Management Act 1997 with the Standard, Accommodation, Commercial or Small Schemes Module dictating procedure (BCCM). Western Australia: Strata Titles Act 1985 (SAT). South Australia: Strata Titles Act 1988 (SACAT). Australian Capital Territory: Unit Titles (Management) Act 2011 (ACAT). Tasmania: Strata Titles Act 1998 (TASCAT). Northern Territory: Unit Title Schemes Act 2009 (NTCAT).

Common defences and why they fail

“It was passed at the AGM.” Only valid if the meeting complied with notice, quorum and motion-wording rules. “It’s urgent.” Urgency does not waive procedural requirements; emergency works have a separate, narrow pathway. “You should have come to the meeting.” Lack of attendance does not cure procedural defects in the convening of the meeting itself. “The strata manager said it’s fine.” Strata managers are not adjudicators of validity — only the tribunal is.

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What the document does

A Strata Complaint disputing a special levy puts the owners corporation on formal notice that the resolution is defective, identifies the specific procedural failure, and requests rescission or re-vote. The levy stays payable while you dispute it; pay it and seek a refund or adjustment, or interest and recovery costs can be added.

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What Claim Done delivers

For a flat fee, Claim Done drafts a strata complaint that cites the specific procedural requirements of your state, identifies the defect, and demands rescission.

What happens after

If the committee refuses to engage, the next step is a tribunal application for orders invalidating the resolution.

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What happens when you put it in writing — properly

Same problem. What a prepared case looks like.

Before — doing it yourself
You explain it over the phone.
They nod, promise, and forget.
Weeks pass. Nothing is on the record.
When it escalates, it is your word against theirs.
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After — a formal Strata / Body Corporate Complaint
A formal Strata / Body Corporate Complaint lands in their inbox.
It cites the law and sets a deadline.
There is now a paper trail.
They know you are serious.
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Getting it drafted

Can I have a Strata / Body Corporate Complaint drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Strata / Body Corporate Complaint from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=strata-complaint. Claim Done is not a law firm and does not give legal advice.

How much does a Strata / Body Corporate Complaint cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Strata / Body Corporate Complaint in Australia?

No. There is no legal requirement to use a solicitor to write or send a Strata / Body Corporate Complaint; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Strata / Body Corporate Complaint template doesn't?

It drafts the Strata / Body Corporate Complaint from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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