Strata (HOA) Holdback Issue

[James Ma]

Sold a property at end of October and there was a special levy being voted on by the strata (HOA) so my notary advised they had to holdback proceeds from the sale in the event that the strata votes and passes the levy.

The levy options were:

i) Increase strata fees by $100/mo and with one time charge of $1200

ii) Increase strata fees by $200/mo with no one time charge

During that strata meeting, I'm told that they were unable to legally conclude the vote as the votes were counted after the official end of the meeting. Furthermore, a complaint was raised there was no option presented for no strata fee increase and only a one time fee. Long story short, the vote on levy failed.

So its been about a month now and I've asked my notary to advise if they can release the funds. They responded today that the property manager has asked them to hold the funds longer as they are going to vote on the issue again in another month or so.

Since this is a new meeting and new vote, am I legally entitled to get my holdback funds back? Should the new owner have to cover these fees since it is a new meeting about 3 months post-completion of the real estate sale and the original levy vote failed?