#52904
Jimmy-T
Keymaster

    OK, first of all,  look here to read most of what you need to know about levies in NSW.

    The most important thing to note is that you can’t be charged penalty interest until you are in arrears for more than one month, so a couple of days isn’t going to make much difference.

    Different strata managers have their own processes but it does seem on the face of it to that this has been a very rushed business and you are entitled to (politely) ask why.

    In fact, Section 83(3) of the Act says this.

     Any contribution levied by an owners corporation becomes due and payable to the owners corporation on the date set out in the notice of the contribution. The date must be at least 30 days after the notice is given.

    However, Section 83 (4) says this:

    (4)  Regular periodic contributions to the administrative fund and capital works fund of an owners corporation are taken to have been duly levied on an owner of a lot even though notice levying the contributions was not given to the owner.

    So it’s far from clear cut. How can you be charged for notices not given?  Well, there is a knowledge and expectation that you will pay the levies regularly and, in the absence of levies notices, it’s up to you to discover when and how much.  I’d imagine this is to deal with the “I never got the notice” excuse by late payers.

    As far as overdue notices goes, in extreme cases where the owners corp want to pursue owners for a large debt, then you’d expect a full set of levies notices, overdue warnings and penalty notices, so it’s bad management if they aren’t sending these out.

    That said, penalty charges are obligatory unless a general meeting agrees to waive them.

     

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    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.