Strata levies payment plans a challenge for all

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The NSW government this week boosted its payment plan strategy for owners who have fallen behind with their strata bills by issuing the forms they’ll need to apply for leeway on their levies, and advice on how to get on top of their debts.

But it could present a challenge for strata schemes that are operating on very tight budgets and for whom non-payment of levies, especially by multiple owners, would create a significant hole in their finances.

NSW Fair Trading has launched the new campaign on Monday with resources to support apartment owners struggling to pay strata levies, including an explanatory video outlining available options.

The initiative comes as financial hardship increasingly affects strata property owners across the state, with changed circumstances including job loss, illness, family disruption and reduced work hours forcing many to fall behind on quarterly levy payments.

Under the new support framework, owners can arrange payment plans lasting six to twelve months to repay overdue levies in instalments, though they must continue paying future levies on time while working through their arrears.

The program was developed with input from the Strata Debt Recovery Working Group, which includes representatives from key organisations in the sector

However, the payment plan system could create significant challenges for strata schemes operating on tight budgets.

Owners corporations can only reject payment plan requests in limited circumstances, such as when accepting the plan would cause insufficient funds in the administrative or capital works fund.

This could leave many schemes in a difficult position—legally required to accommodate struggling owners while potentially facing shortfalls for essential maintenance, repairs and operational costs.

Payment plan requests must be submitted through the strata manager or committee for approval by simple majority vote at an owners corporation meeting, with the owner’s arrears becoming visible to other owners when financial reports are provided at annual general meetings.

The new system allows strata committees to waive interest on overdue levies and consider the reasonableness of proposed plans alongside their impact on scheme finances.

If owners corporations refuse payment plans and owners believe the decision was unreasonable, they can apply for NSW Fair Trading’s free mediation service, and ultimately appeal to the Tribunal.

The National Debt Helpline offers free, confidential financial counselling on 1800 007 007 to help owners manage their expenses and strata levy payment difficulties.

You’ll find more information about the scheme, the obligations for strata schemes and the help for apartment owners HERE.

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  • This topic has 2 replies, 2 voices, and was last updated 10 months ago by .
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    Jimmy-T
    Keymaster

      Levies debt payment plans offer hope to the hard-up but a challenge to strata schemes on tight budgets.

      [See the full post at: Strata levies payment plans a challenge for all]

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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      kaindub
      Flatchatter

        Is it really such a challenge?

        As mentioned in the article , payment plans can be refused if it leaves the finances of the OC in the red. The state of the finances is readily established from the balance sheet of the OC.

        Secondly, payment plans (IMHO) can’t be a forever situation. Each quarter , for most buildings, a new levy notice is sent and requires payment. The owner would need to propose a payment plan where they “catch up” to regular levies after some time. Its similar to having a loan of any sort. The lender wants the debt paid off at some (agreed) time.

        If the lot owner is continually unable to meet their obligations in paying levies, then they would need to consider whether continued ownership is possible.

        I understand that the legislation still allows an OC to put the recalcitrant lot owner into bankruptcy (though thats probably the last resort)

         

        #81974 Reply
        Jimmy-T
        Keymaster
        Chat-starter

          Is it really such a challenge?

          You wouldn’t think so but a lot of strata achemes operate on very tight margins and minimal levies.  One that I am connected with had literally run out of money and had to hold an emergency EGM to approve a new budget.

          My current chair used to boast at every AGM that “we have no slush fund” – the clear and fallacious implication being that the previous incumbents has some sort of champagne and cigars funds sloshing around.  After a couple of financial near-misses, we now have a “contingency fund”.

          A lot of schemes work on the principles of Dickens’ Mr Micawber: “Annual income twenty pounds, annual expenditure nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty-pound ought and six, result misery”. And of course, Micawber was constantly in and out of debtors prison.

          So you are correct – for most schemes it will not be a challenge but for those that encounter the perfect storm of late payments, non-payments, multiple negotiations over payment plans and an unexpected expense, it could be a worry.

          If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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        Reply To: Strata levies payment plans a challenge for all
        PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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