Strata levy debt recovery process: Steps to take when an owner refuses to pay

NSW
Levies & Finance
question
Lookupstrata community member

One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken?

I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses.

We may need to take levy recovery action against one owner who is refusing to pay the 4 equal quarterly levy contributions discussed and agreed to as an agenda item at our AGM.

I have sent several friendly reminders and a formal letter of demand to pay by 4 equal quarterly instalments as required under the NSW Strata Schemes Management Act and the Owners Corporation, but he is refusing.

The lot owner has requested to pay by setting up a periodic payment arrangement with his bank to pay in small fortnightly instalments.

After sending out reminder notices and a formal letter of demand, what is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken?

answer
Leanne Habib headshot
Leanne Habib Premium Strata

The process is as follows

Generally speaking, the process is as follows:

  1. 1st Letter of Demand by strata manager for unpaid levies
  2. 2nd Letter of Demand by strata manager for unpaid levies
  3. 3rd Letter of Demand by strata manager for unpaid levies
  4. 4th Letter of Demand by lawyer/debt collector for unpaid levies
  5. Legal proceedings for debt recovery are commenced
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