Can they cut my bike lock?

A reader in Redfern sent this question to Domain:

I am the owner of a strata unit and I recently received a letter from the Strata Manager telling residents that the Executive Committee required bikes in the bike rack to be identified.

Apparently the new secretary wants 2 spots for her bikes and is claiming bikes are ‘abandoned’. We are required to make an appointment with the Executive Committee or building manager, provide our details and put a tag on our bike which identifies our bikes to our unit. I find this fairly instrusive and an infringement of my privacy. Is there anything residents can do?

The letter threatens that 6 weeks from the date of the letter that untagged bikes will be classified as abandoned and will have their locks cut-off and be removed in order to make space for bikes of genuine residents. Your advice and insight is greatly appreciated.

The EC is treading on slightly tricky ground if they don’t have specific authority in their by-laws to allow them to remove or damage private property.  Assuming there is no by-law covering the conditions under which bikes are allowed to be left on common property, then they can’t technically force the issue – cutting the locks – for the same reason that they can’t have illegally parked cars towed.

However, this is common property and there are an amazing number of bicycles abandoned in apartment blocks when their owners move on.  My building does exactly this kind of bike audit periodically and those who have left their bikes in the bike room have a option to claim them or let them be “liberated” and given to a charity.

I wouldn’t get too upset about it.  Either follow their arrangements or tell them which bike is yours and ask them to leave it alone.  If you don’t want to follow any rules under which you are allowed to have your bike on common property, move it elsewhere. I really wouldn’t waste another brain cell fretting about it and I wouldn’t take the chance that my (criminally underused) bike might be disappeared. – JimmyT