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  • #9215
    est tog
    Flatchatter

      Should landlords be informed via email of important notices. 

      If I was to miss an important notice because I wasn’t checking my physical mail box, do you think it’s fair I pay a fee to cover the cost of a rescheduled call out fee?

       

      How can I argue this?

    Viewing 7 replies - 1 through 7 (of 7 total)
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    • #20262
      scotlandx
      Strataguru

        You can advise/ask the strata manager to send you notices by email.

        #20224
        Jimmy-T
        Keymaster

          @est tog said:
          If I was to miss an important notice because I wasn’t checking my physical mail box, do you think it’s fair I pay a fee to cover the cost of a rescheduled call out fee? How can I argue this?  

          Wouldn’t it be easier to check your mailbox?

          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.
          #20216
          est tog
          Flatchatter
          Chat-starter

            Thanks for the responses.

             

            Does anyone agree that the cost of the call out fee should not come out of my own pocket? Other unit owners are involved too. 

             

            I’m pretty annoyed. 

            #20459
            Lady Penelope
            Strataguru

              You are a landlord so I am assuming that you do not reside at the scheme.

              Is the physical mail box that you are referring to a physical mail box at the scheme or is it at your actual place of residence?

              If the mail box is at the scheme and you do not reside there then why is the Strata Manager sending Notices to that address?

              Check with the Strata Manager to find out what address they have on the Strata Roll for the sending of correspondence and Notices to you. Update the Roll if necessary.

              If the SM has made a mistake and sent the Notice to an incorrect address then you should not have to pay for their mistake.

              #20460
              est tog
              Flatchatter
              Chat-starter

                Lady Penelope said 

                If the SM has made a mistake and sent the Notice to an incorrect address then you should not have to pay for their mistake.  

                Thanks. To be honest Strata Management would not know the difference. The letter was not technically addressed to me but to the owner of my unit (no name). 

                Do you think it’s fair that they impose this sort of penalty given they don’t have evidence I am or not residing at the property?

                #20456
                Lady Penelope
                Strataguru

                  Unless notified otherwise it would be  reasonable for the SM to assume that you reside at the address of your Lot, and that you would collect your mail.

                  The fact the Notice was not addressed to you personally, if your name is on the Roll, raises some ‘red flags’. The Notice should contain the name of the person who is registered on the Roll.

                  I know, myself, that I don’t often even open letters that are addressed to “The Homeowner”. 

                  However, this may not be a strong enough position for you to avoid an additional charge for another call out, particularly in light of the fact that you have stated that you did not collect your mail. 

                  Why don’t you write to the SM and state that for all future notices that your address for correspondence is to be your email address, rather than a postal address? Then it is on the record.

                  If, as you say, other owners have also been impacted then perhaps you can all share the cost of the additional call out fee in this instance.

                  The relevant section for ‘Service of documents’ is here:

                  SSMA 2015 

                  s 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 .

                  #20377
                  scotlandx
                  Strataguru

                    You are required under section 258 of the Act to give notice of any tenancy within 14 days of it commencing, including the name of the tenant and address for service to the tenant.

                    If you haven’t done that then I don’t think you have a basis for challenging any additional cost.

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