Question: Can a strata levy increase be backdated? Our payment quarter is 1/10 – 31/12. We had a levy increase at an AGM on 15/11. The levy has been backdated to 1/10.
Answer: Provided you are given at least 30 days within which to pay the levy, this is not in breach of the Act.
Pursuant to Section 83(3) of the Strata Schemes Management Act, 2015 (NSW) (Act), levies are due and payable on the date set out in the notice which must be at least 30 days after the notice is given.
Therefore, if the levy increase was determined in November but dated 1/10 (the Act is silent on backdating), provided you are given at least 30 days within which to pay the levy say around 15/12 or later, that is not in breach of the above section.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #639.