Question: If a dispute over a levy recovery matter proceeds to NCAT to determine the reasonableness of a proposed payment plan, will the Tribunal consider the owners corporation’s financial position?
Answer: The financial position of the owners corporation would likely be a less persuasive consideration as opposed to a lot owner’s financial position.
The current amendment only uses the term “reasonable” without providing a list of what factors may be considered in arriving at a “reasonable” refusal of a payment plan. This is likely something to be clarified in the regulations, yet to be rolled out. Generally, whilst the owners corporation’s financial position may be a consideration, it would likely be a less persuasive consideration than a lot owner’s financial position.
This post appears in the June 2025 edition of The NSW Strata Magazine.
Matthew Lo Kerin Benson Lawyers E: enquiries@kerinbensonlawyers.com.au P: 02 8706 7060