Strata managers need to be aware of this key change if serving notices by post. Section 160 of the Evidence Act 1995 (NSW) has recently been amended. Instead of being deemed served four working days after the item has been posted, the item is now deemed served after seven working days after it has been posted.
This change reflects the new “priority” mail system established by Australia Post which meant regular mail now takes longer.
What does this mean? Essentially, if you are sending out any sort of notices by ordinary post you now need to allow seven working days for it to be deemed served.
Consider the following scenarios where a strata scheme still sends some or all meeting notices by ordinary post:
|Strata committee meetings:||72 clear hours’ notice + 7 working days for postage of the notice|
|General meetings:||7 clear days’ notice + 7 working days for postage of the notice|
|Initial general meetings:||14 clear days’ notice + 7 working days for postage of the notice|
(where strata proposal is put to lot owners)
|14 clear days’ notice + 7 working days for postage of the notice|
Remember to allow for weekends and public holidays when setting your meeting schedules.