COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 20 Levy on member of association

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 20

20 Levy on member of association

(1) An association may levy a contribution payable to it by a member under Part 4 of Schedule 1 by serving on the member a written notice of the contribution payable.

(2) A precinct association may not levy a contribution payable by a subsidiary body without including in the notice under subsection (1) a statement of--

(a) the amounts of any regular periodic contributions required to be made by the precinct association to the administrative fund, and the sinking fund, of the community association of which the precinct association is a member, and

(b) the dates on which those contributions are required to be paid, and

(c) the amount of any such contribution that is unpaid when the notice is served.

(3) The contribution to be paid to a community association by each of its members is the amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the community scheme--

(a) if the member is the proprietor of a community development lot--by the unit entitlement for the development lot, or

(b) if the member is a precinct association--by the unit entitlement for the former community development lot the subject of the precinct scheme, or

(c) if the member is a neighbourhood association or a strata corporation--by the unit entitlement for the former community development lot the subject of the neighbourhood scheme or strata scheme.

(4) The contribution to be paid to a precinct association by each of its members is the amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the precinct scheme--

(a) if the member is the proprietor of a precinct development lot that is not the subject of a subsidiary scheme--by the unit entitlement for the development lot, or

(b) if the member is a neighbourhood association or a strata corporation--by the unit entitlement for the former precinct development lot the subject of the neighbourhood scheme or strata scheme.

(5) The contribution to be paid to a neighbourhood association by the proprietor of each neighbourhood lot is an amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the neighbourhood scheme by the unit entitlement for the neighbourhood lot.

(6) If, at the time a person becomes the proprietor of a development lot or a neighbourhood lot, another person is liable in respect of the lot to pay a contribution, the proprietor is jointly and severally liable with the other person for the payment of the contribution and of any interest on the contribution.

(7) If, at the time a development lot becomes subject to a precinct scheme, a neighbourhood scheme or a strata scheme, the proprietor of the development lot was liable in respect of the lot to pay a contribution or interest or both, the precinct association, neighbourhood association or strata corporation is jointly and severally liable with the proprietor for the payment.

(8) Subsections (6) and (7) do not apply in relation to a contribution or interest that is not payable because it should have been, but was not, disclosed in a certificate given under clause 2 of Schedule 4.

(9) A mortgagee or covenant chargee in possession of a development lot or a neighbourhood lot is jointly and severally liable with the proprietor of the lot--

(a) for any contributions to the administrative fund or sinking fund by regular periodic instalments, and

(b) for any other contribution if the mortgagee or covenant chargee has been given written notice of the levy of the contribution, and

(c) for interest on any of those contributions.

(10) A contribution is due and payable as directed by the association when deciding to make the levy.

(13) The amount of a contribution, together with any interest--

(a) is recoverable by the association as a debt, and

(b) forms part of the fund to which the contribution is payable.