17 Dec Abandoned Goods in Strata Title Properties
An Owners Corporation has powers regarding goods abandoned on common property and owners have rights in respect of personal possessions left by a tenant at the end of a tenancy
What are Abandoned Goods?
Abandoned goods are personal possessions which have been stored or left at a property for which consent has not been given by:
- the owners corporation in regard to common property;
- the owner of a lot for personal possessions left within the lot, including a parking space, at the end of a tenancy.
How long can someone leave their belongings on common property in Victoria?
There is no specified period which determines whether goods have been abandoned. Therefore, how long someone can leave their belongings on your property in Victoria is subject to your owners corporation’s discretion. It requires the owners corporation believes on reasonable grounds that the goods have been abandoned or left behind by a person who is or was an occupier.
What powers does an owners corporation have regarding unclaimed goods on common property?
An owners corporation has the authority to dispose of abandoned goods left on common property provided it complies with the provisions of the Owners Corporation Act 2006 a summary of which follows.
The owners corporations must provide a written notice of their intention to dispose of the abandoned goods and include:
- the plan number and address of the owners corporation;
- a description of the goods;
- an address at which the goods may be collected (e.g, strata car park storage);
- a statement that on or after a specified date the goods will be disposed of by the owners corporation unless collected;
- a statement the owners corporation will retain from the proceeds of sale of the goods any amount not exceeding the cost to dispose of the goods.
The notice period required to be given depends upon whether the abandoned goods is a car or other items and the estimated value. If the owner cannot be located there is an extended notice period before the goods may be disposed of. The periods are currently:
| Category | Motor Vehicle | Other Goods | Notice Period | |
| If Owner Located | If Owner Not Located | |||
| Low value | Less than $1,000 | Less than $200 | 28 days | 60 days |
| Median Value | – | $200 to $5,000 | 28 days | 90 days |
| High Value | $1,000 or more | More than $5,000 | 90 days | 180 days |
The notice may be served by:
- giving to the person who abandoned the goods (if known);
- leaving at or sending by post to the person’s last known address.
Is an owners corporation required to store abandoned goods regardless of the ownership of the items left on the property?
Before disposing of the goods, an owners corporation may move the goods to a safe place if:
- the goods block reasonable access to a lot or common property; and
- the owners corporation has made a reasonable attempt to locate or communicate with the person who abandoned the goods in order to give notice of intended disposal.
An owners corporation must not dispose of the goods if:
- a dispute exists between the person who abandoned the goods and the owners corporation in regard to the goods; and
- an application has been made to VCAT by the owners corporation in relation to the dispute.
If there is no dispute or VCAT application on foot, the goods may be disposed of after the expiry of the appropriate notice period and the owners corporation may retain the proceeds. If the cost of disposal exceeds the proceeds of sale, that difference is a debt due to the owners corporation.
If the owners corporation complies with the above is not liable in relation to the sale of the goods.
What are some practical matters regarding disposal of abandoned goods from common property?
The police can be advised of the registration number or VIN of a vehicle. Police can then then determine if it has been reported stolen and may advise the owner or take action to recover the vehicle.
If the goods are perishables these may be disposed of to avoid health risk.
Tags or labels can be left on goods which appear to been abandoned, setting out a date by which these must be removed or the owners corporation will dispose of them. This is particularly relevant where the owner of the goods is unknown.
If is not possible to identify the owner of abandoned goods all owners and residents should be notified of the intention to dispose of the goods after a particular date. This allows the owner of the goods to retrieve them prior to the nominated date.
What are the rights in respect of abandoned goods in a strata title apartment?
Abandoned goods within a lot is a matter for the owner to attend to the removal and disposal. These are not a matter for the owners corporation to attend to.
What happens if a tenant or occupier leaves personal possessions in a lot, including a car park, on the termination of a tenancy?
For abandoned goods in a tenancy left by a tenant, a rental provider (landlord/owner of a lot) can immediately dispose of:
- perishable food
- dangerous goods
- goods of no value other than personal documents.
The rental provider must store the following in a safe place for at least 14 days:
- goods intended to be sold
- labelled containers or urns containing human remains
- medical devices and medications
- medals and trophies
Personal documents must be stored for at least 90 days and includes:
- photographs
- mail or other correspondence
- still and video images
- computer hard drives
- any official document
- any other document someone would reasonably expect to be keep
The rental provider is required to take reasonable steps to notify the renter using the Notice of goods left behind form which is on the Consumer Affairs website (www.consumer.vic.gov.au) in accordance with abandoned property law in Victoria, Australia.
The rental provider can request the renter pay a fee to cover reasonable expenses of moving and storing the goods.
For rental providers who deal with abandoned goods in their rental property, it is advisable to contact Consumer Affairs to determine the particular provisions applicable and the costs which may be recovered from the renter. You will also find Consumer Affairs information in relation to the uncollected goods act in Victoria at this link (https://www.consumer.vic.gov.au/consumers-and-businesses/products-and-services/problems-with-a-product/uncollected-goods-and-vehicles/disposing-of-uncollected-goods). If a real estate agent is appointed to manage the property that agent should be able to provide assistance.