Is this considered an ‘onerous’ By-Law

Our EC have chosen to impose an additional by-law to our existing by-laws to make it difficult to enter lockable common property areas to which they have given access to their friends (who moved into the new complex of 21 early in the piece) and to which they are endeavouring to make it difficult for access by 2 x apartments in particular who have been denied access or storage in these areas. It reads:

SPECIAL BY LAW NO 2  Regulation of Keys

1.  If there is any inconsitency between this by-law and any other by-law in force for the strata scheme, the provisions of this by-law shall preval to the extnt of that inconsistency. 

2. Goes on with definitions

3. In addition to the POWERS, AUTHROITIES, DUTIES 7 FUNCTIONS confered or imposed on the Owners Corpoation pursuant to the Act, The Owners Corporation shall have the additional powers, authorities, duties and functions as follows:

a) The duty to store and regulate keys and

b) The power to control and manage the locked areas.

4. An Owner or Occupier wishing to access a Loced Area must make a request in writing to the Secretary of the Executive Committee

5. To be valid and effective, a request for access to a locked area must include the following information:

a) The name of the owner or occupier making the request

b) the Lot number of the owner or occupier making the request

c) reference to the locked area in question

d) the purpose of the intended access and

any other information required in the reasonable opinion of the EC

6. The EC must consider all reasonable requests for access and must notify the owner or occupier of its decision in writing within fourteen (14) days of receiving such a request

7. In considering whether to approve a request for access to a locked area, the EC must consider the following things:

a) safety of person accessing the locked area and

b) security of the property stored in the locked area

The above is not an exhaustive list.  The EC may consider other factors when making a decision about a request for access to a  locked area.

8. When approving a request, the EC may impose conditions on the approval including the following:

a) a nominated time and date for access

b) an appointed EC member to accompany the owner or occupier during access to a locked area and

c) a time limit for access

The above is not an exhaustive list. The EC may impose other conditions

9. An owner or occupier must not access or attempt to access a locked area other than as considered by this by-law. 

This was put together by a firm of property lawyers [name withheld] .

Personally, I think this give the EC way too much control, it enables those who have personal items stored in these lockable common property areas exclusive use without paying for the privilege and it could mean they can dictate who can access other lockable areas like the games room or pool area.  When is an EC a self serving EC and what do we do to prevent this onerous by-law being introduced. The EGM is tomorrow night (18th July) and they will have the numbers to vote for this as the people voting in favour are the ones who have items stored in these areas. 

NB: This EGM was the outcome from mediation by Dept Fair Trading to resolve access to lockable common property areas.

Your input is appreciated