Sunday, September 27, 2020

Strata Schemes Management Act 2015 No 50

Part 14
Section 263

Service of documents by owners corporation and others | Section 263

(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 leaving it at that address with a person apparently of or above the age of 16 years, or

(c)  in the case of an email address, by email to an email address specified for the service of documents.

(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.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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