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The Strata Act doesn’t specifically mention OH&S but it is covered by other legislation in areas where it does apply.
However, the Owners Corporation may not choose not to maintain or repair common property if doing so would affect safety. See 3(b) below:
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
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.
OH&S = Occupational Health & Safety, not Owners Health & Safety.
The OH&S Act was replaced by the WH&S Act from 1 January 2012.
WH&S = Work Health & Safety.
Neither Act applied/applies to purely residential strata schemes.
That is not to say that OH&S principles are not good guidelines for residential strata schemes.
OverIt, you [haven’t given] enough information to enable a considered answer.
How about telling us:
1) Was this same gate there when you bought the property?
2) Did your disability arise before or after you bought the property?
3) Is there anything defective about the gate other than that a person with a mobility issue finds it heavy and awkward?
4) What does “swing arm 900mm shy of the width of a single drive, steel reinforced frame” mean?
5) What reason did the OC (or other Owners) give for refusing your offer to pay to have the gate changed?
This may be a little left field but generally how do strata owners determine what needs to be undertaken to comply with legislation for OHS? Should stairs have rails, for example? I would be interested in your comments thank you
@justsaying said:
This may be a little left field but generally how do strata owners determine what needs to be undertaken to comply with legislation for OHS? Should stairs have rails, for example? I would be interested in your comments thank youI can only direct you to THIS previous posting and caution you that it is neither as complicated nor as simple as it may seem
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.
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