Sunday, September 27, 2020

Strata Schemes Management Act 2015 No 50

Part 5
Division 2
Section 85

Interest, discounts on contributions and payment plans | Section 85

(1)  A contribution, if not paid when it becomes due and payable, bears until paid simple interest at an annual rate of 10% or, if the regulations provide for another rate, that other rate.

(2)  Interest is not payable if the contribution is paid not later than one month after it becomes due and payable.

(3)  However, an owners corporation may by resolution determine (either generally or in a particular case) that a contribution is to bear no interest.

(4)  An owners corporation may, by resolution at a general meeting, determine (either generally or in a particular case) that a person may pay 10% less of a contribution levied if the person pays the contribution before the date on which it becomes due and payable.

(5)  An owners corporation may, by resolution at a general meeting, agree to enter into payment plans, either generally or in particular cases, for the payment of overdue contributions. A payment plan is to be limited to a period of 12 months but a further plan may be agreed to by the owners corporation by resolution.

(6)  The regulations may prescribe requirements for payment plans.

(7)  The existence of a payment plan does not limit any right of the owners corporation to take action to recover the amount of unpaid contributions.

(8)  The Tribunal or a court may, on application by an owner, order that no interest is chargeable on a specified contribution if the Tribunal or the court is satisfied that the owners corporation should reasonably have made a determination not to charge interest for the late contribution.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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