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24/08/2018 at 6:35 pm #11849
An owner has asked to receive all notices by email only and their postal address removed from the Strata Roll and replaced with an email address.
Is this request reasonable?
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24/08/2018 at 10:00 pm #30275
Section 178(b) provides that an address for service of notices must be given, this can be an email address.
Section 178(c) provides that a postal address must be recorded on the strata roll, and an email address if not already provided for service of notices.
So – no, the Act provides that a postal address must be included on the strata roll, as well as an email address. The owner can’t ask for the postal address to be removed.
25/08/2018 at 6:40 am #30282For completeness here’s what I think are relevant sections and wonder how does one get into the state of no postal address on the roll as highlighted in red. For it to be listed explicit there must be some set of circumstances leading to it.
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261 Address for service
An address for service given under this Act may be an Australian postal address, an email address or a facsimile number.
262 …
263 Service of documents by owners corporation and others
(1) Application of section This section applies to a notice or other document required or authorised under this Act or the by-laws to be given by the Secretary, the Tribunal, an owners corporation, the lessor of a leasehold strata scheme, the original owner, a strata committee, the secretary of an owners corporation or a strata managing agent and is subject to the other provisions of this Act.
(2) Service on occupier of lot A notice or other document may be given to the occupier of a lot:
(a) by post at the address of the lot, or
(b) by leaving it at the address of the lot with a person apparently of or above the age of 16 years.(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:
(a) in the case of a postal address, by post at that address, or
(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
(c) by leaving it at that address with a person apparently of or above the age of 16 years.(4) Service on owner of lot A document may be given to the owner of a lot in accordance with subsection (3) or if no address for service is recorded on the strata roll:
(a) personally, or
(b) by post at the address of the lot, or
(c) by leaving it on a part of the lot that is the owner’s place of residence or business (otherwise than on a part of the lot provided for the accommodation of a vehicle or as a storeroom), or
(d) by leaving it in a place provided on the parcel for receiving mail posted to the lot, or
(e) in any other manner authorised by the by-laws for the service of notices on owners.(5) Service of notice to produce certain records and property Notice under section 182 may be given to a person:
(a) personally or by post, or
(b) by leaving it with a person apparently of or above the age of 16 years at the place of residence or place of business of the person who is to be given the notice.(6) Service on person where building included in part strata parcel A document may be given to a person in whom is vested an estate in fee simple, or, in the case of a leasehold strata scheme, a leasehold estate registered under the Real Property Act 1900, in part of a building or its site, another part of which is included in a part strata parcel, in any manner provided by section 170 of the Conveyancing Act 1919.
264 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be given to any person (other than as required by section 262 or 263) may be given by:
(a) in the case of an individual:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for the giving of documents or, if no such address is specified, the residential or business address of the person last known to the person giving the document, or
(iii) 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.
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii) sending it by electronic transmission to an address or location nominated (in correspondence or otherwise) by the body corporate as an address or location to which correspondence can be sent.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be given to a person in any other manner.
25/08/2018 at 4:42 pm #30288The provisions you quote deal with service of documents, which may be to owners, occupiers, or someone else.
Section 178 deals specifically with the strata roll and what must be recorded on it. Section 178(1) states that certain information must be recorded in the strata roll.
The two are separate, albeit related matters.
06/09/2018 at 10:20 pm #30333Additional relevant section to consider:
22 Notice to be given to owners corporation of right to cast vote at meeting[This section had been quoted at length but has been removed by the website editor for reasons given below]
If you want to read it, you’ll find it HERE
06/09/2018 at 11:41 pm #30337We have a long-standing tradition here at Flat Chat – we strongly discourage posters from cherry-picking parts of the Act that support their arguments and ignoring the bits that don’t.
The original question was whether an owner could remove their postal address from the strata roll and have it replaced with an email address.
Scotland X has now twice quoted the part of the Act that says the Strata Roll must contain the postal address of the owner (Section 178c).
There is no further discussion required and none will be permitted because we are here to help people’s understanding, not confuse them with bush lawyer arguments..
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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