WA: Are strata levy invoices required by law?

This article discusses whether strata levy invoices are legally required, explaining that owners must pay levies based on meeting decisions even if no invoice is issued.

Question: How much notice do strata companies have to give for the quarterly strata fees? I know my levy is due in 6 days but the strata company hasn’t sent me the levy notice yet.

Answer: There is no provision under the Act or Regulations that a levy invoice must be issued to an owner.

In fact, neither the Strata Company (nor their Strata Manager) are bound to provide owners with a levy invoice.

In accordance with the Strata Titles Act, the only notice period that must be provided to owners regarding levy contributions, is in accordance with Section 129 Notice requirements for all general meetings.

1. All owners of lots in a strata titles scheme and first mortgagees of those lots must be given at least 14 days’ notice of every general meeting of the strata company for the scheme.
2. The notice must include –

   1. The date, time and venue of the meeting; and
   2. For an annual general meeting, notice of each item of business referred to in 127(3); and
   3. For special business, notice of the general nature of that business;

The levy contributions are issued in accordance with Section 100 Administrative and reserve funds and contributions.

1. A strata company must –
   

   2. determine the amounts to be raised for payment into the administrative fund; and
   3. raise amounts so determined by levying contributions on owners of lots

3. Any contribution levied under this section –
   
   1. becomes due and payable to the strata company in accordance with the terms of the decision to make the levy

The minutes of the general meeting (being annual or extraordinary) specify the levy contribution amount and the date the contribution levy is due and payable by. Unless the minutes list the contributions lot by lot, you can calculate this by multiplying the dollar amount required per unit of entitlement of each lot by the unit of entitlement specific to each lot as noted with the strata plan.

In summary, there is no provision under the Act or Regulations that a levy invoice must be issued to an owner. This is usually done as a courtesy, as we’re all used to receiving invoices for services. We suggest owners take note of the minutes of general meetings and schedule payments in advance to ensure payments are made prior to the due date and to avoid interest being charged in accordance with the Regulations.

This post appears in Strata News #600.

ESM Strata
E: info@esmstrata.com.au
P: 08 9362 1166