Final notice
157 Final notice
If the owners corporation decides to give a final notice, the notice must—
be in writing in the approved form; and
state that the person must within 28 days after the date of the notice rectify the breach; and
state that if the breach is not rectified within that time, the owners corporation may decide to apply to VCAT for an order requiring the rectification of the breach.
If the person who is given a final notice fails to rectify the breach within the required time, the owners corporation may decide—
to apply to VCAT for an order requiring the rectification of the breach; or
to take no further action in respect of the breach.
The owners corporation must give notice of its decision under this section to—
the person to whom the notice was given under subsection (1); and
any person who made a complaint under section 152 in respect of the alleged breach.
Note
See Part 11 for applications to VCAT.
158 How may notice be given?
A notice given by an owners corporation under this Part may be given to a person—
by post addressed to the person at the address of the lot, if the person is the occupier of a lot; or
by leaving it personally with the person; or
by leaving it in the form of a letter in the letterbox for the lot; or
by leaving it with an occupier of the lot who is apparently over the age of 16 years; or
if the person is not the occupier of the lot, by post to any address the person has provided to the owners corporation as the address for the service of notices.
Note to s. 158 inserted by No. 4/2021 s. 67.
Note
The Electronic Transactions (Victoria) Act 2000 enables notice to be given electronically.
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