NSW Strata Legislation screwup

Wow, just been told by NSW Fair Trading someone screwed up Nov 2016 legislation update and left the word "Australian" for the postal address requirement.

1 in 20 Australians currently live overseas and some of these would most likely be property owners so even though we can have "electronic communications" and attend AGM's via skype or electronic polling.....the AGM notices can ONLY be sent via mail to an Australian registered address according to Strata Schemes Management Act Sec 178

- http://www.legislation.nsw.gov.au/#/view/act/2015/50/part10/div1/sec178
178 Content of strata roll
(1) Information about lots The following information must be recorded in the strata roll in relation to a particular lot in the strata scheme:
(a) the name of the holder of the estate in fee simple in the lot (in the case of a freehold strata scheme) or the holder of the leasehold estate in the lot (in the case of a leasehold strata scheme),
(b) an address for service of notices,
(c) an Australian postal address, and an email address if the holder has one, if not provided as the address for service,
(d) the name of the holder’s agent (if any) appointed in accordance with this Act and the agent’s address for service of notices,
(e) information provided under a strata interest notice,
(f) information provided under a tenancy notice.


lol so you can have an AGM meeting via Skype.....but you have to get the notice about the meeting via Australian post snail mail only....

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Meetings_in_a_strata_scheme.page#Electronic_communications
Electronic communications
The owners corporation can decide how meetings are to be held and the method of voting.
This includes enabling voting and/or meeting participation through technology such as email, teleconference, video conference calls and the use of voting websites. Pre-meeting electronic voting is another option that owners corporations can choose to allow.


Who do we contact in NSW parliament to get this act changed by legislation next time they do revisions and how much is this screwup going to cost taxpayers?


What a joke.

 

The correct reference is s263(3)(b) which specifically permits serving notices electronically. Previously, a by-law was required, but now any owners corporation can send notice of AGMs and other correspondence by email if an email address has been provided for that purpose.

There are plenty of things not to like about the new act, but the required contents of the strata roll is not an issue.

Other contents of the section deleted for convenient reading, below.

263 Service of documents by owners corporation and others

(3) Service where address is included in strata roll If an address for the service of notices on a person is recorded in the strata roll or has been notified in a tenancy notice, a document may be given to the person:

(b) by sending it by electronic transmission to an address or location nominated (in correspondence or otherwise) by the person as an address or location to which correspondence can be sent, or

 

Hi Dean,

I think your understanding of service of notices is incorrect.

My understanding is that the lot owner must provide an Australian post address, but that the postal address does not necessarily have to be the address for service of notices (which can be an email address under the new Act). The body corporate is entitled to have a service of notice address, particularly to serve legal documents for debts and other litigation - if the owner stops responding by email, then the body corporate can be taken to have served the owner if they use the Australian address that you must provide.

To my mind this is a formalisation of what was already a fairly common industry practice. In QLD the Act is from 1997 and does not adequately deal with email, it is also under review.

Matt

 

So are you saying that the Strata Manager "CAN'T" refuse to send notices via email?

Basically the issue is one of our IP strata managers (Clisdells) is refusing to send notices via email and insisting it MUST be to an Australian postal address (which doesn't work for us as we live overseas).

 

Hi Matt,
I'm just trying to work out why the "serving of notices" must be an Australian address, like I said when I called Fair Trading....their explanation was yeh we screwed up and the word Australian should have been removed in the last review in Nov 2016.
Any help appreciated that I can send our strata managers to read that says its not required.

 

No. I'm saying that the legislation does not prevent them from using an email address, just because the roll requires an Australian postal address to be maintained on the roll.

There are two separate things:
1) what must be on the roll, and
2) how notices can be served.

 

I think your strata managers at Clisdells needs to get some advice as to how these notices are served.

Dean, why don't you drop @Russ a PM in case this is causing you some grief...