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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.165Penalties for late payment
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### sec.165 Penalties for late payment
The body corporate may, by ordinary resolution, fix a penalty to be paid by owners of lots if a contribution, or an instalment of a contribution, is not received by the body corporate by the date for payment fixed in notices of contribution given to the owners.
The penalty must consist of simple interest at a stated rate, of not more than 2.5%, for each month the contribution or instalment is in arrears.
Suppose that—
a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and
an account requiring payment of an instalment of $100 by 31 March is given to an owner of a lot; and
the instalment is not paid until 27 June.
In this case, the instalment has been in arrears for 2 months and a penalty of $4 is payable.
(sec.165-ssec.1) The body corporate may, by ordinary resolution, fix a penalty to be paid by owners of lots if a contribution, or an instalment of a contribution, is not received by the body corporate by the date for payment fixed in notices of contribution given to the owners.
(sec.165-ssec.2) The penalty must consist of simple interest at a stated rate, of not more than 2.5%, for each month the contribution or instalment is in arrears. Suppose that— a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and an account requiring payment of an instalment of $100 by 31 March is given to an owner of a lot; and the instalment is not paid until 27 June. In this case, the instalment has been in arrears for 2 months and a penalty of $4 is payable.
- 1 a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and
- 2 an account requiring payment of an instalment of $100 by 31 March is given to an owner of a lot; and
- 3 the instalment is not paid until 27 June.