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October 29, 2019 at 12:00 pm #11692Paul BucknellParticipant
Just wondering if any councils issue individual enforcement documents on each individual owner i.e husband and wife (joint owners on tile). It has been raised that when it comes time to prosecute for failure to comply with the order, that it may be unenforceable if both persons have not been served by notice/order individually.
Appreciate your thoughts.
Paul.November 1, 2019 at 1:54 pm #11694Philip WilsonParticipant
I guess we have no idea of the relationship and communication between each joint owner. It will be interesting to hear of anyone else’s experience because I have a current order that I will need to follow up where the official address is the wife’s business but apparently the couple are separated.November 1, 2019 at 3:57 pm #11696Lawrence SlagterParticipant
At Yarra Ranges we serve as notice & orders on the name or names as shown on the registered proprietor, i.e., the names in the Rates book – see definition of ‘owner’ in Act
We’ve never, to my knowledge, had a problem with this. If in joint ownership, it’s not council fault/problem in joint ownership situations if owners don’t talk to or communicate with each other
If in company name, must carry out company search and serve any notice & order on the company and the secretary/director – not all directors. Again, if the secretary does not advise or communicate with other directors, this is not councils problem
Councils view is that if there is a problem with ownership, council will pursue & take enforcement action on at least 1 owner, and in the case of a company the company & secretary/director, and let that owner/company/director take up the matter costs & liability up with the others separately (not our problem – as long as issue is addressed/fixed)November 4, 2019 at 1:30 pm #11698Barry NichollParticipant
We do issue on both and charge as individuals so two brief basically we have never had an issue same with a company just do your search for official company address then hit both company and director/sNovember 7, 2019 at 8:17 am #11704Peter PhillipsParticipant
Service on both owners (individuals) on same Notice/order, if a company service is on Directors individually and company by separate notice/orderNovember 7, 2019 at 8:18 am #11706Peter PhillipsParticipant
I forgot to mention that prosecution/charges are against each individual, company and directorsNovember 11, 2019 at 9:34 am #11721Paul BucknellParticipant
I will keep you posted how this pans out. Seems to me it will create more issues, especially if we get two different responses to the Building Notice e.g one wanting to demolish and the other wanting to retain the structure.
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