Question: Our mailboxes were removed and residents’ delivery of mail and parcels is not secure. Is the body corporate obliged to secure residents’ mail?
Is the body corporate obliged to secure residents’ mail?
A previous committee removed the resident’s mailboxes. During office hours, mail and parcels are left with the Building Manager. After hours, mail and parcels are left in an unlocked box on the sidewalk, accessible by anyone. I’ve requested the committee and caretaker either put a secure lock on the box or provide a better system. The committee refuse to answer.
Answer: If you’re an owner, you have a right to submit a motion to the committee.
The only legislated responsibility in relation to mail is found in section 183(1) of the Standard Module (equivalent provisions of other Modules), reproduced below:
183 Mailbox and noticeboard
- The body corporate must—
- maintain a mailbox clearly showing the body corporate’s name in a suitable position at or near the street alignment of the scheme land; or
- make suitable alternative arrangements for the receipt of mail.
There is nothing here about ‘secure’ mail, although perhaps you could argue ‘suitable alternative arrangements’ may include securing mail.
The receipt of mail may be covered by the agreement between the management rights holder (aka, building manager) and the body corporate, although equally, the agreement may not cover it at all. Each agreement is different, so you’d need to check. I have lived in bodies corporate where the management rights holder had specific obligations about the mail, but I also know of other bodies corporate where the opposite is true.
You say you have asked for a lock to be placed on the box or for it to be removed. The decision-maker here is the committee (or even possibly a meeting of all owners), not the management rights holder. If you’re an owner, you have a right to submit a motion to the committee and if it is refused, or there is no response in a set time period (usually six weeks), you have the right to dispute the decision (or non-decision in this case) through the Commissioner’s Office. If you are an occupier (aka, tenant), you can also dispute things in the Commissioner’s Office, although you may want to firstly engage with your landlord or property manager to see if they can facilitate an outcome for you.
This is general information only and not legal advice.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in the June 2024 edition of The QLD Strata Magazine.
The complex manager has said they will receive parcels “as good will” (something that has always been done by all previous managers) but when something goes wrong they claim they are not responsible and simply say the parcel never arrived (even though Australia Post has confirmation they received it).
Isn’t receiving mail on behalf of the owner and then misappropriating it considered mail tampering?
All I have asked is that they do their due diligence but they seem to think that because they are doing it as a favour that means they can do whatever they want
What rights do we as owners have? (Not all companies will deliver to parcel lockers so we do not always have a choice)
Hi Kevin
We refer you to Frank Higginson’s response above: The Complex Manager is not a concierge.
Your building may wish to look at alternatives such as Groundfloor Parcel Delivery. They’ve just answered a similar question from a NSW lot owner here:
How are parcels and boxes delivered to my apartment?
We have installed a locked metal locker in our secure mailroom with plenty of shelves for parcels to be left. Key to this locker is only handed out on receipt of a notice left by Aust Post or other delivery person in our letterbox. Of course this is not failsafe because other people could remove parcels not intended for them but it’s better than leaving parcels on the ground unattended.
We installed a secure parcel box with combination lock beside the letter boxes for parcel delivery. Works fine.