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Home » Maintenance & Common Property » Common Property NSW » NSW: Unattended Packages in Strata Foyers – Rubbish?

NSW: Unattended Packages in Strata Foyers – Rubbish?

Published May 27, 2024 By Adrian Mueller, JS Mueller & Co Lawyers 2 Comments Last Updated May 31, 2024

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This article is whether unattended packages in the foyer can be treated as trash.

Did you know that over 5.6 million Australian households shop online every month and it’s expected to generate $35.92 billion this year growing annually by 8.33% over the next 4 years.

The impact of this has put significant pressure on strata living.

As more and more people shop online utilising the convenience of home deliveries, more and more parcels are delivered to apartment building foyers/onsite left for lot owners and tenants to collect.

But what happens if a parcel is not collected?

  • How long can a parcel be left in the building foyer/onsite before it becomes rubbish?
  • Is the parcel rubbish or is it in fact an abandoned good?
  • Who decides if it is rubbish or an abandoned good?
  • Who monitors how long the parcel has been sitting in the foyer or onsite before it becomes rubbish or an abandoned good?
  • Whose responsibility is it to locate the owner?
  • Should they be returned to the sender and who’s responsibility is that?
  • If it is deemed rubbish or an abandoned good who’s responsible for its disposal?
  • What if it’s perishable or non-perishable does that change things?
  • What about the rubbish created, recycling etc?

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Need a Review of your Waste and Abandoned Goods By-law?

The lesson here is to ensure that your by-law is current and in-line with today’s ever-changing world.

Most likely your waste and abandoned goods by-law is out of date and requires a review.

Adrian Mueller
JS Mueller & Co Lawyers
E: adrianmueller@muellers.com.au
P: 02 9562 1266

This post appears in Strata News #696.

If you have a question or something to add to the article, please leave a comment below.

Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.

JS Mueller & Co Lawyers has been servicing the strata industry across metropolitan and regional NSW for over 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection.

Read next:

  • NSW: Disposing of Goods Abandoned on Common Property
  • NSW: Q&A Dealing with Rubbish in Strata. Where are the bins?
  • NSW: Q&A Common Property Defects and Reimbursement for Repairs

This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.

Visit our Maintenance and Common Property OR NSW Strata Legislation

Looking for strata information concerning your state? For state-specific strata information, take a look here.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

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About Adrian Mueller, JS Mueller & Co Lawyers

For over 22 years Adrian has specialised exclusively in strata law, his knowledge and experience is second to none.

Known for his articulate and engaging presentation style he has delivered groundbreaking papers to strata lawyers, the strata industry and lectured extensively on strata law topics.

He has been published in many mainstream and industry broadcast and digital and print media publications for his extensive knowledge on strata law.

In recognition of his outstanding ability, Adrian has been admitted as a Fellow of the Australian College of Community Association Lawyers, the peak body for Australian strata lawyers.

View Adrian’s full profiles here and LinkedIn.

Comments

  1. ECS says

    May 28, 2024 at 8:31 am

    What to do in the event of a demonstrably inept committee. e.g., Incorrect decisions that waste a seriously lot of money.

    Reply
    • Nikki Jovicic says

      May 28, 2024 at 12:03 pm

      Hi ECS

      You may find the Q&As on this article helpful: NSW: Q&A When the Committee isn’t Acting Appropriately

      Reply

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