This Q&A article is about how to dispose of abandoned goods in a WA strata scheme.
Question: Bikes have been stored in our bicycle room for years. We’d like to know how to dispose of abandoned goods in a WA strata scheme.
Our 72-lot apartment complex in WA has a bicycle room as part of our common property.
Some bikes stored in the room have not been moved/used in years.
What are the rules about discarding items left on common property by previous residents? How much notice do we need to give current residents to identify their bikes? We’d like to know how to dispose of abandoned goods in a WA strata scheme
Answer: If the strata company does not know who the goods belong to, they may give notice of their intention to sell or dispose of goods to the Commissioner of Police.
The strata company should contact the lot owner or tenant that the goods belong to and ask them to come and collect the goods. A date must be given when the goods need to be collected by. It is also best to put this request in writing.
If this is not successful, the strata company should give notice that they will sell or dispose of their property. There is a prescribed form for this purpose under the Disposal of Uncollected Goods Regulations 1971.
Sometimes, the strata company may not know who the goods belong to. In this scenario, the strata company may give notice of their intention to sell or dispose of goods to the Commissioner of Police. Again, there is a form under the Disposal of Uncollected Goods Regulations 1971.
I would also strongly recommend circulating the notice amongst all owners and residents. If there is a notice board, also put up notices on the board. Sometimes, placing an additional notice on the abandoned goods can also be practical. These suggestions are additional to the notice service (not instead of).
Once a strata company has served notice, they must wait a month before they can apply to the Magistrates Court of WA for an order to sell or dispose of the goods.
It is always good to seek legal advice when unsure.
Luke Downie
Realmark
E: [email protected]
P: 08 9328 0999
This post appears in Strata News #726.
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