Tuesday, September 29, 2020

Abandoned Goods in Strata

The owners corporation may dispose of goods, other than vehicles, left on the common property if a disposal notice has been left on or near the goods to be disposed of. A disposal notice is not needed if the items are perishable goods (such as food) or consist only of rubbish.

A disposal notice (at least A4 size, and resistant to weather), containing certain information must be placed on or near the goods before any items can be removed. The written notice must include:

  • a description of the goods
  • the date and time the notice was issued
  • the date and time the goods will be moved from the common property if the goods are not moved or collected (not earlier than 5 days after the notice was placed on or near the goods)
  • contact details of a member of the strata committee, the strata managing agent, or a nominee of the owners corporation that can be used if necessary.

The owners corporation can move goods which are obstructing common property to another area of the common property before placing the disposal notice on or near the goods. Care should be taken not to damage the goods in doing so. No notice is required before moving the goods in this circumstance.

An owners corporation can dispose of goods by selling them or in any other lawful manner. The proceeds of any sale must be paid into the administrative fund of the owners corporation.

Anyone who purchases the goods receives a title to the goods, freed and discharged of any interest of any person who would otherwise have an interest in them. A written record of the goods sold must be kept for at least 12 months. The person who owned the goods originally may apply to the Tribunal to seek to be paid the funds.

© State of New South Wales (NSW Fair Trading). For current information go to fairtrading.gov.au

Read more on By-Laws here

Strataville Editorial
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