- This topic has 7 replies, 4 voices, and was last updated 2 years, 8 months ago by .
-
Topic
-
Our complex ( in NSW) has a main entrance to the underground garage on one road and another entrance via a gate from a road at the rear of the property. This is a “pedestrian only” entry. Every resident has had a key to the gate to allow entry to the property. The SC has decided recently to change the lock on the gate and require residents to give 48 hours notice to the building manager if they require access through the gate. The reasons for the change have not been explained in any detail. I have advised the SC that I believe they are leaving themselves exposed to significant risk, particularly in an emergency. I recommended that the gate remain locked from the outside and that the latch be set so residents can open it from inside the property when needed. This has always been the arrangement. The issue was discussed at a recent SC meeting and the decision was made to continue with the lock change proposal. I am hoping Forum contributors can point me in the direction of any precedent or authority which supports my view that the SC position is untenable.
- This topic was modified 2 years, 8 months ago by .
-
Replies
-
I am hoping Forum contributors can point me in the direction of any precedent or authority which supports my view that the SC position is untenable.
It would be if the gate is part of a required exit path as defined in the NCC/BCA. Else there’s no safety issue.
A required exit path would generally have an “Exit” sign above it.
Austman’s comments are correct but even if it doesn’t have a sign, that doesn’t mean it’s not a designated exit in case of an emergency. It may just mean that there’s no sign.
Your scheme should have council approved maps showing routes and assembly points and if this gate is on an emergency exit route then it should be openable from the inside.
Apart from that, any strata committee decisions can be overturned by a majority of owners at a general meeting.
If you can get 25 per cent of other owners (by Unit Entitlements) to sign a motion, you can call a general meeting to overturn the decision.
If you can’t get the numbers, then it’s unlikely that you would prevail even if the item was raised at an AGM.
Meanwhile, you could send the committee a “please explain” as there may be other issues that they are trying to deal with that they have decided not to mention in public.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Takings slightly different
tacttackThe OC must provide keys to all access points to common property.
They can’t just stop people using an access point.
- This reply was modified 2 years, 8 months ago by .
The OC must provide keys to all access points to common property.
They could argue that they aren’t preventing its use, just controlling it as owners have to book a time to use it. Might not fly at NCAT but you never know.
I wonder what the real reason is for this restriction. Nearby committee member complaining about the noise? Nefarious activities? Drug dealing? Partners sneaking out of an evening? I think we should be told.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
It’s not up to the OC to declassify the door as an emergency exit.
The initial DA will have required certain emergency accesses. The usual is that an emergency exit is required within a certain distance of , for instance, a garage. These exits must be maintained and are tested yearly in the fire safety report.
Additionally emergency doors are required to open out, and they cannot be locked from the inside.
So whilst owners can’t enter the garage through this emergency door, there is no reason one can’t let in the tradie by opening from inside.
I agree with Kaindub’s view and would like to know if it is based on a provision in law.
I don’t believe it is.
An OC must provide 24/7 access to the lots across common property. And it must provide reasonable access to common facilities.
That’s a long way from providing 24/7 access at every access point to all common property.
- You must be logged in to reply to this topic.