There’s an interesting discussion going on in the Forum about leaving a back-up key with a neighbour in case there’s an emergency. That’s led us into thoughts about the laws on access, when they apply and when they don’t.
And that reminded me of two stories from the past. One was a complaint from an owner of a townhouse who discovered that the chair of their strata committee would just wander in uninvited, claiming he had a right to do so because he needed to check that by-laws were being complied with. That was nonsense back then, as it is now.
The other memory was from the early days of this apartment block in which I sit today where the totally corrupt former building manager, appointed and protected by the developer, would hand out master keys to his mates to they could relax in owners apartments while they were at work.
I know! I wouldn’t believe it either if I hadn’t witnessed it myself.
In NSW, strata schemes, or the tradies they employ, can demand access to private lots to conduct essential repairs, but if the owner refuses to allow them then they have to get a Tribunal order to gai access. Owners can then be fined if they obstruct access in defiance of the order.
In the case of an emergency, such as a fire or flooding from a burst pipe, and in the absence of a resident to let them in, strata schemes’ employees can force entry to the apartment but the scheme is liable for any repairs to the front door (which is common property).
Our reader wants to know why not leaving a key with a neighbour isn’t a kind of passive obstruction, and asks why other owners should have to collectively pay for damage to the door if the owner of a flat where an emergency has occurred hasn’t taken that simple precaution. That’s HERE.
Elsewhere in the Forum
How does the strata manager get our names and addresses? That’s HERE.
Tree roots damaging my foundations. That’s HERE.
Does NCAT claim expire when I sell unit? That’s HERE.
UPDATE: Why should bathroom renovator have to guarantee waterproofing in perpetuity? That’s HERE.
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