› Forums › By-laws and outlaws › The committee as strata-cop › By law and the act › Current Page
Not sure about that s236 states:
(1) Application of section This section applies to service of a notice or other document required or authorised by this Act or the by-laws to be served by the Director-General, an Adjudicator, the Tribunal, an owners corporation, the lessor of a leasehold strata scheme, an executive committee or the secretary of an executive committee and is subject to the other provisions of this Act.
If you read this carefully you will see that it does relate to an owners corporation and under schedule 2 clause 27 it states:
27 Persons to whom notice of general meeting must be given
(1) Notice of the meeting must, at least 14 days before the meeting, be served on each owner and each first mortgagee and covenant chargee shown on the strata roll.
(2) Nothing in this clause requires an original owner to serve on himself or herself a notice of the meeting.
You will not that s236 states any notice or document served under the act and by the OC.
Any other views? I also think there are advantages to electronic service of documents but the risk is that some people do not have email and they can get caught in filters etc.
More importantly if the act says they must be served (cl27) and it prescribes a process for service then notices for the meeting that do not comply may risk being invalid.
My question remains however, can the motion overide the act ? I do not think so because they are subordinate to the act in accordance with general legal principles but does anyone else know if this is right?