NSW: Q&A Special Levies, Levy Payments and Overdue Levies


Question: We did not receive a levy invoice or a notice of arrears. The next period notice invoice for levies, strata is charging interest and there is a notice of arrears fee. Do we have to pay the arrears notice fee and interest if we never received the invoice?

Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against an unanimous resolution for it to pass. With a special resolution no more than 25% of the value of votes cast can be against the resolution. An ordinary resolution only requires a simple majority.

Unfortunately, you are liable to pay the levies, irrespective of whether you received the notice or not (see below bolded):

83 Levying of contributions

  1. An owners corporation levies a contribution required to be paid to the administrative fund or capital works fund by an owner of a lot by giving the owner written notice of the contribution payable.
  2. Contributions levied by an owners corporation must be levied in respect of each lot and are payable (subject to this section and section 82) by the owners in shares proportional to the unit entitlements of their respective lots.
  3. 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.
  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.

You are liable for interest and arrears etc unless the owners corporation determines generally or specifically to you that such fees will not apply.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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