#22405
kiwipaul
Flatchatter

    The 10% late payment levy is mandatory in NSW unless a special resolution has been approved to forgo the penalty.

    From the Strata Act

    Interest and discounts on contributions
    (1) Any contribution levied by an owners corporation becomes due and
    payable to the owners corporation in accordance with the decision of the
    owners corporation to make the levy.
    (2) A contribution, if not paid at the end of one month after it becomes due
    and payable, bears until paid simple interest at an annual rate of 10 per
    cent or, if the regulations provide for another rate, that other rate.
    (3) However, an owners corporation may by special resolution determine
    (either generally or in a particular case) that a contribution is to bear no
    interest.
    (4) An owners corporation may, by special resolution, determine (either
    generally or in a particular case) that a person may pay 10 per cent less
    of a contribution levied if the person pays the contribution before the
    date on which it becomes due and payable.

    I suggest you tell your SM to start implementing the penalty immediately on any current unpaid levy contributions. He should be also asked to provide a list of owners whose fees are overdue.

    Ensuring levy payments are received is a basic function of a SM and if they cannot do this simple task you should consider changing SM’s.

    You should also get the SM to send out to all owners a letter explaining the new system. Bare in mind any owners who are owing money to the Strata are ineligible to vote until the debit is cleared.