91Recovery of unpaid contributions and interest

#### 91 Recovery of unpaid contributions and interest 91 Recovery of unpaid contributions and interest > > (1) The Tribunal may order a member of the association, or other person, to pay any of the following that are payable by the member or other person under this Act— > > > > > (a) a contribution not paid at the end of 1 month after it becomes due and payable, > > > > > (b) interest payable on an unpaid contribution, > > > > > (c) the expenses of the association incurred in recovering any such amounts. > > > (2) The Tribunal may make an order under subsection (1) only— > > > > > (a) on the application of the association, and > > > > > (b) if proceedings between the association and the member or other person are pending before the Tribunal. > > > (3) An association may, without obtaining an order under this section, recover as a debt in a court of competent jurisdiction the following— > > > > > (a) a contribution not paid at the end of 1 month after it becomes due and payable, > > > > > (b) interest payable on an unpaid contribution, > > > > > (c) the expenses of the association incurred in recovering those amounts. > > > > Note. > > > > Schedule 4, clause 6 to the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) provides for the transfer of proceedings between the Tribunal and a court which has jurisdiction (and vice versa) if the parties to the proceedings agree or if the Tribunal or court of its own motion or on the application of a party so directs. > > > (4) Interest paid or recovered forms part of the fund to which the relevant contribution belongs. > > > (5) An association must not take action to recover an amount under this section unless it has given the person against whom the action is to be taken at least 30 days notice of the action. > > > (6) The notice of the action must set out the following— > > > > > (a) the amount of the contribution, interest or expenses sought to be recovered, > > > > > (b) the recovery action proposed, > > > > > (c) any other matter prescribed by the regulations for the purposes of this subsection. > > > (7) An association must not take action to recover an amount under this section from an owner if— > > > > > (a) the amount is being dealt with under a payment plan, and > > > > > (b) the payment plan is being complied with by the owner. > > > (8) Payments by an owner in arrears must be applied in the following order— > > > > > (a) to contributions, in order of due date, > > > > > (b) to interest, > > > > > (c) to expenses of the association in recovering contributions ordered to be paid under this section. > > > (9) Subsection (8) does not apply to the extent that— > > > > > (a) a court or the Tribunal has made an order specifying how payments must be applied, or > > > > > (b) the owner in arrears specifies how payments must be applied. > > **s 91:** Am 2025 No 14, Sch 2\[29\] \[30\].