Owners Corporation Amendment Bill 2013 – annual fees, special levies and the benefit principle

Although the benefit principle does not apply to annual fees, the Second Reading Speech for the Bill appears to indicate that an OC can recoup actual expenditures (rather than future expenditures) of annual fees on repairs, maintenance or other works undertaken wholly or substantially for the benefit of some only of the lots on the basis of the benefit principle under s49 of the OC Act.

It is unclear whether this applies to payments from the maintenance fund to implement a maintenance plan, in particular where the repairs are not urgent.