Forums / Property Investing / Help Needed! / NSW Strata legislation revision screwup

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  • Profile photo of DeanCollinsDeanCollins
    Participant
    @deancollins
    Join Date: 2015
    Post Count: 372

    Wow just been told by NSW Fair Trading someone screwed up Nov 2016 legislation update and left the word “Australian” for postal address requirement.

    1 in 20 Australians currently live overseas and some of these would most likely be property owners so even though we can have “electronic communications” and attend AGM’s via skype or electronic polling…..the AGM notices can ONLY be sent via mail to an Australian registered address according to Strata Schemes Management Act Sec 178
    http://www.legislation.nsw.gov.au/#/view/act/2015/50/part10/div1/sec178
    178 Content of strata roll
    (1) Information about lots The following information must be recorded in the strata roll in relation to a particular lot in the strata scheme:
    (a) the name of the holder of the estate in fee simple in the lot (in the case of a freehold strata scheme) or the holder of the leasehold estate in the lot (in the case of a leasehold strata scheme),
    (b) an address for service of notices,
    (c) an Australian postal address, and an email address if the holder has one, if not provided as the address for service,
    (d) the name of the holder’s agent (if any) appointed in accordance with this Act and the agent’s address for service of notices,
    (e) information provided under a strata interest notice,
    (f) information provided under a tenancy notice.

    lol so you can have an AGM meeting via Skype…..but you have to get the notice about the meeting via Australian post snail mail only….

    http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Meetings_in_a_strata_scheme.page#Electronic_communications
    Electronic communications
    The owners corporation can decide how meetings are to be held and the method of voting.
    This includes enabling voting and/or meeting participation through technology such as email, teleconference, video conference calls and the use of voting websites. Pre-meeting electronic voting is another option that owners corporations can choose to allow.

    Who do we contact in NSW parliament to get this act changed by legislation next time they do revisions and how much is this screwup going to cost taxpayers?

    What a joke.

    Profile photo of Ethan TimorEthan Timor
    Participant
    @ethantimor
    Join Date: 2016
    Post Count: 282

    Didn’t understand this bit:

    how much is this screwup going to cost taxpayers?

    Why would this cost anything to tax payers?

    Sending notices overseas, however, will cost the body Corp more than sending to a domestic address.

    I’m personally in favour of having the option to receive notices only via emails and save on the paper all together 👍😎

    Ethan Timor | Aligned Finance Pty Ltd
    http://www.alignedfinance.com.au/
    Email Me | Phone Me

    Active Investor & Broker; Based in Northern NSW, servicing Australia wide; Author of '34 Proven Ways to Maximise Your Borrowing Power' (download free from our website)

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    I don’t see how this is a screw up.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of DeanCollinsDeanCollins
    Participant
    @deancollins
    Join Date: 2015
    Post Count: 372

    Hi Ethan, I agree, especially when the most recent legislation update allows for Skype in agm’s etc….to have Clisdells insisting that they have an Australian postal address…..

    Terry, its a screwup as the word “Australian” should have been removed in the last round of reviews.

    1 in 20 Australians currently live/work overseas….and by pure numbers a number of these are probably landlords like ourselves who face this issue and the blind insistence of strata managers that they are only willing to send letters to Australian postal addresses.

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