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Executive Committee Member Meetings: Notices required:
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Winston
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21/05/2017 - 6:38 pm
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Hi,

I have been looking in detail at the provisions required for notification of the "Notice of  EC Meeting" (for other than a Large Strata) and who is to get a notice / agenda and how that advice is to be provided / delivered.

Below: An extract of the sections viewed in respect of the scheduled Meeting 

Schedule 2 Meeting procedures of strata committees

Part 2 – Notices of meetings

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.

While (2) states a notice is to be displayed on the Notice board, when I looked at Section 263 (below) I interpret that notices for the Lot Owner are to be served to places, which does NOT, include a Notice board. 

Have I interpreted this incorrectly?  Technical point - but an important point, that I would appreciate other people's interpretation.

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.

If I am correct, there may be an unintended omission from s263.

I would appreciate your input.

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JimmyT
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06/07/2017 - 10:35 am
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Winston said
(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.

While (2) states a notice is to be displayed on the Notice board, when I looked at Section 263 (below) I interpret that notices for the Lot Owner are to be served to places, which does NOT, include a Notice board. 

Have I interpreted this incorrectly?  Technical point - but an important point, that I would appreciate other people's interpretation.

The keyword here is "or" (my emphasis above). The Act is saying if you don't have a noticeboard established by a by-law then move to Section 263.

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