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  • #8776
    Paul H
    Flatchatter

      I am not sure if this is a renter rant but I am a tenant so here goes

       

      The EC wanted to replace the lighting in my car space over the Easter weekend. They told me that my car would have to be moved. As i would be away and my car in its space at that time I asked if there were alternative arrangements that could be made

       

      By COB Thursday I had received no reply

       

      I came back to find that someone had removed and restacked the boxes and stuff that are stored behind my car and gained access to the light fitting. I do not know if anything has been damaged or stolen without going through al the boxes. Until I can find damage or theft the police will not be interested

       

      It seems the the Owners’ Committee has given the electricians their approval to trespass on my rented property without having my permission do do that

       

      Is there anything I can do?

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    • #18200
      Jimmy-T
      Keymaster

        The owners corporation has the legal right to enter private property to maintain and repair common property.  However, this right is normally exercised by virtue of a request which, if denied, leads to an application for a CTTT order against the resident to allow access.  

        Obviously they have skipped a stage or two, to get the job done, blithely forgetting the common courtesy of allowing you to at least try to accommodate their needs to get the job done at a certain time.

        You could write to the secretary of the executive committee, with a copy to the agent, strata manager and landlord, reminding them that you have rights as a tenant, and as a resident of the building, and they have obligations under the Strata Schemes Management Act that they have failed to acknowledge or observe.

        In the meantime you will be checking your personal property for damage and loss and you will be seeking compensation if there is anything missing or broken.

        HOWEVER …

        There’s a Chinese proverb: A man who goes seeking revenge should dig two graves.

        I would first be asking myself where this is likely to lead.  Do you know if you are allowed to store goods in your car space?  Check your by-laws because many buildings expressly or indirectly forbid this.  If that’s the case, an angry letter to the Owners Corp or strata manager might result in you being ordered to move your boxes. Is that what you really want?

        My advice would be to check for loss or damage and if there is none, let it go.  If there is loss or damage, will you be able to prove it?

        You are probably the only person who could be harmed by taking this further. Your time and emotional energy are precious – don’t waste them on a fight you can only lose.

        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.
        #18203
        Boronia
        Flatchatter

          If Paul H’s property was seemingly so readily accessible to the OC, what protection has he got from less desirable people getting to it ?

          #18522
          Paul H
          Flatchatter
          Chat-starter

            The garage is reasonably secure and has only 5 car spaces so is accessed only by those residents who park there

             

            There is nothing of any great value that I keep there and so have taken Jimmy’s very sensible advice and said nothing and moved on

             

             

            .

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