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The body corporate in our block of 18 rental units has decided to change all the bathroom windows, even though some are OK which will require access to all the units. What access rights do they have in this case ?
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Hypothetically, the Owners Corp can enter a property to do repairs or even to to find out if work needs to be done and any owner who prevents them from doing so can be fined up to $220.
In reality, a stubborn owner can defer and delay this, with little comeback, through endless trips to Fair Trading and NCAT. The police will not help anOC to gain entry to your unit, even if it has an NCAT order allowing them to do so.
The two questions are – is it worth being fined $220 and why not just let them get on with it?
This is what the Act says
65 Can an owners corporation enter property in order to carry out work?
(1) An owners corporation may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of carrying out the following work:
(a) work required to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices), (b) work required to be carried out by the owners corporation by a notice served on it by a public authority, (c) work required to be carried out by the owners corporation by an order under this Act.
(2) An owners corporation may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.
(3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
(4) In a case that is not an emergency, the owners corporation, may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of an Adjudicator under section 145.
(5) A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section. Maximum penalty: 2 penalty units.
(6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.
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.
Just make sure that there is a circular stating that the contractor, time and the type of work being carried out. We recently had the same case, and it cannot be helped. We needed to shift things around and even took some items for temporary storage to avoid any damage. But if they are able to make a good job in renovating and improving the condition of your unit, why not allow them?
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