NSWIn ForceAct
Community Land Management Act 2021
90Interest, discounts on contributions and payment plans
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#### 90 Interest, discounts on contributions and payment plans
90 Interest, discounts on contributions and payment plans
> > (1) A contribution, if not paid when it becomes due and payable, bears until paid simple interest at an annual rate of 10% or, if the regulations provide for another rate, that other rate.
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> > (2) Interest is not payable if the contribution is paid not later than 1 month after it becomes due and payable.
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> > (3) However, an association may, by resolution at a general meeting, determine (either generally or in a particular case) that a contribution is to bear no interest.
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> > (4) An association may, by resolution at a general meeting, determine (either generally or in a particular case) that a person may pay 10% less of a contribution levied if the person pays the contribution before the date on which it becomes due and payable.
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> > (5) An association and a member of the association may agree to enter into a payment plan for the payment of overdue contributions.
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> > (5A) A request by an owner to enter into a payment plan (the request) may be reasonably refused by the association.
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> > (5B) The regulations may prescribe what constitutes a reasonable refusal in relation to payment plans.
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> > (5AA) A payment plan is limited to a period of 12 months but a further plan may be agreed to.
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> > (5AB) An association must not, by resolution, refuse to enter into payment plans for the payment of overdue contributions.
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> > (5AC) Despite subsection (5AB) an association may refuse to enter into payment plans for the payment of overdue contributions in particular cases.
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> > (6) A payment plan is to be limited to a period of 12 months but a further plan may be agreed to by the association by resolution.
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> > (7) The regulations may prescribe requirements for payment plans, including the following—
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> > > (a) eligibility,
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> > > (b) the form of the request,
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> > > (c) evidence that must or must not be included in the request,
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> > > (d) how information supporting the request must be stored, secured, used, disclosed or disposed of,
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> > > Example of information—
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> > > financial records relating to the owner
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> > > (e) maintaining the confidentiality of the owner’s information given in support of the request,
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> > > (f) the form of the payment plan or minimum requirements,
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> > > (g) requirements for the association committee to report on payment plans to the association,
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> > > (h) requirements for the association to give written reasons to the owner if the owner’s request is refused,
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> > > (i) the termination of a payment plan.
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> > (8) (Repealed)
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> > (9) The Tribunal or a court may, on application by a member, order that no interest is chargeable on a specified contribution if the Tribunal or the court is satisfied that the association should reasonably have made a determination not to charge interest for the late contribution.
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> > (10) The Tribunal may, on application by the owner, order that the association agree to the owner’s request if the Tribunal is satisfied that the refusal by the association of the request was not reasonable.
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> **s 90:** Am 2023 No 45, Sch 4\[20\]; 2025 No 14, Sch 2\[23\]–\[27\].