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Topic
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2015 Act Schedule 2 Sec 5 is obtuse (see also Act Sec 263)
SS 1 says Notice to be given to each Owner.
SS 2 says Notice to be displayed on Noticeboard.
Is the Board posting sufficient notice to a resident owner or must a notice be delivered as per S 263 ?
One major SM is advising clients that SC notice procedures have not changed.
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If you are in a large strata scheme (more than 100 lots) you have to post meeting notices on your notice board AND deliver them to owners and tenant representatives on the committee either physically or by email.
In smaller schemes (less than 100 lots) the notices can be either sent out or posted on the notice board (or both).
This is what the 2015 Act says:
4 Notice of meetings for large strata schemes
(1) The secretary of the owners corporation of a large strata scheme must give notice of a meeting to each other member of the strata committee (including any tenant member) at least 3 days before the meeting and to each owner.
(2) Notice is to be given in accordance with section 263 and by displaying the notice on the notice board (if any) maintained by the owners corporation.5 Notice of meetings for other strata schemes
(1) The secretary of the owners corporation of a strata scheme that is not a large strata scheme must give notice of a meeting to each other member of the strata committee at least 3 days before the meeting and to each owner.
(2) Notice is to be given by displaying the notice on the notice board maintained by the owners corporation or in accordance with section 263.Section 263 defines the word “given” as various acceptable means of delivery, including electronic, snail mail and hand delivery..
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi Trevor / Jimmy
Thanks for the post as it highlights the difference between the 1996 and 2015 Acts.
1996 states
(2) An executive committee of a strata scheme that is not a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by displaying the notice on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, by giving written notice (which may be done by electronic means) to each owner and executive committee member.
I hadn’t realised that from 30/11/16 there was no reference to the bylaws so if there is a noticeboard it can just post on the board and not given directly to the owners. Is this how you read it?
@pedant said:
I hadn’t realised that from 30/11/16 there was no reference to the bylaws so if there is a noticeboard it can just post on the board and not given directly to the owners. Is this how you read it?If it’s a large scheme (more than 100 residential lots) it has to be on the noticeboard if there is one and delivered to the owners.
If it’s a non-large scheme (100 residential lots or fewer) it has to be on the noticeboard if there is one or delivered to the owners.
However, owners corps can pass a by-law instructing the strata manager or secretary to distribute the agendas and minutes to all owners by whatever means provided that complies with the Act.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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