In short:
- We acknowledge the current environment and the challenges we all face with cost-of-living. We understand that the levy due dates being close together is not ideal. If you are anticipating difficulty, contact the committee early.
- Levies cannot be written off or forgiven – the full amount must always be paid. The committee may, at its discretion, approve a payment plan to spread arrears over a short period, typically up to six months.
- A payment plan is not an entitlement. Approval depends on payment history, reason for arrears, and the scheme’s cashflow. Supporting documentation may be required.
- Owners withholding payment due to a dispute with the committee are not eligible for a payment plan – debt recovery will apply.
Levy notices will be issued following the AGM once the budget and contributions have been formally adopted. The legislation requires at least 30 days’ notice before each payment is due, and the due dates for each instalment will be clearly set out in the notices.
Hardship and payment plans
There is no legislative entitlement to defer or reduce levy payments. The full amount of each levy must be paid — the body corporate has no power to write off or forgive the underlying contribution, because doing so would simply shift the cost to every other owner. That said, the committee has discretion to consider payment plans for owners experiencing genuine financial difficulty. A payment plan allows arrears to be repaid in instalments over a short period – typically up to six months – but it does not reduce what is owed, and penalty interest will generally continue to accrue until the debt is cleared.
Approval of a payment plan is not automatic. The committee will take into account your payment history, the reason for the arrears, and the scheme’s own cashflow needs. Owners who are applying on the basis of financial hardship may be asked to provide supporting documentation. Owners who are withholding payment due to a disagreement with the committee or a decision of the body corporate should be aware that a payment plan will not be offered in those circumstances – normal debt recovery applies.
The importance of acting early
If you are anticipating difficulty, please contact the committee as soon as possible. Early communication gives the committee the best opportunity to work with you constructively.
A note on the levy gap
Some owners may have assumed that the absence of levy notices over recent months meant no financial obligations were accruing. That is not the case. The scheme’s expenses – insurance, maintenance, management, and other operational costs – have continued throughout. The levies now falling due reflect real costs already incurred on behalf of all owners. The gap in levy notices is an administrative consequence of delayed AGM timing, not a financial holiday.
Owners who do not pay by the due date will incur penalty interest of up to 2.5% per month on the outstanding amount, plus any recovery costs – including legal costs – which are added to the debt and recoverable in full. The committee’s strong preference is to avoid that outcome for everyone, which is why proactive communication matters.
A note on privacy
When the committee makes decisions of this kind – whether approving a payment plan, resolving to waive penalty interest, or commencing recovery action – owners will be advised that a decision has been made, as required under the legislation. That advice will describe the nature of the decision. It will not identify which lot or owner is involved.
The committee has an obligation to protect the privacy of all owners. An owner’s financial position, levy account status, and any arrangements made with the body corporate are personal information. That information belongs to the owner concerned, not to the community at large. The committee will not disclose it, and owners should not expect it to.
This applies equally whether the decision is made at a committee meeting or by vote outside a committee meeting. The obligation to advise owners that a decision has been taken does not extend to telling the rest of the community the details of a neighbour’s financial circumstances.