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.