Why are levies due on the first day of the new quarter instead of the last day of the previous one? When can we begin levy recovery?
In our scheme, levies are due on the first day of the month following the quarter. We must wait until the end of the month to confirm that all owners have made their payments. Why can't the due date be set as the last day of the previous month instead? Is this timing required by law or government regulation?
In NSW, levy recovery action can only begin one calendar month after the due date, regardless of what the due date is.
It's a legislative requirement. It's actually in the Strata Title Management Act 2015. If your levy is due on 1 October, the law states you can't commence any recovery proceedings or demand payment for one month. The Interpretation Act defines 'one month' as being one calendar month. If the levy was due on 30 September, you still couldn't take action on an unpaid levy until 30 October. The due date itself doesn't impact the rule.
In Victoria, if the levy is due on 1 October and payment hasn't been made by that date, levies are classed as outstanding.
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With 40 years’ experience in the industry, Petra specialises in all aspects of debt recovery work and litigation. Her attention to detail, extensive knowledge and responsiveness has resulted in her managing the levy recovery work for the same clients over decades. One of her most notable achievements was handling, with Counsel, on behalf of the client owners corporation, the Court of Appeal precedent setting case of Coshott v The Owners of Strata Plan No 48892 [2006] NSWSC 308.
As General Manager of Bugden Allen’s LevyCollect Team, Petra heads up a national levy recovery service for Owners Corporations. She is experienced in multiple areas of law, including:
- collection of levies for owners corporations, community and neighbourhood associations, and company title schemes;
- litigation, personal and corporate insolvency;
- general debt recovery matters; and
- by-law consolidation and registration.
Petra’s clear and concise advice and guidance to clients in these areas is highly regarded in the industry.
Nancy Torry has been part of the specialist debt recovery team for almost 20 years, first with Le Page Lawyers as a paralegal and later as a solicitor, and then Bugden Allen Graham, following its amalgamation with Le Page Lawyers. Nancy has experience in advising a variety of clientele, such as owners corporations, their members, office bearers and strata managers. She has experience in multiple areas of law, including strata, debt recovery, by-law reviews, drafting and consolidation, personal and corporate insolvency, and litigation. Nancy has a Bachelor of Laws and a Graduate Diploma in Legal Practice and was admitted to the Supreme Court of New South Wales and the High Court in 2019. She is also a member of the Australian College of Strata Lawyers.
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