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I am one of nine owners in a strata block. I recently had to access a room under our building, which is common area, to allow access for a plumber to investigate pipes.I was told by another owner that she had the one set of keys and any access to that common area, which sits under her apartment, would have to go through her. She said an agreement had been made in earlier years that only she was allowed to have keys to this area, due to security concerns.Her apartment is directly above this common area and she said she is concerned that someone will break into her place. She has been unable to provide any documents proving any agreement was made to allow her exclusive use and access to this common area and there is no inclusion of it in our building bylaws.I borrowed the key and told her I would be getting a copy. She is now saying she gave me no authorisation to do this and has had the locks changed.I have alerted our EC, all owners in the building and our Strata Manager. Those who have held their apartments for longer than the owner who is denying anyone access to this common area, have also confirmed that they have never heard of an agreement being made for one owner to have exclusive access to this common area.They have also said they do not agree with this owner’s action.It appears to be very evident that this woman has acted illegally.Can you advise, confirm if this is the case?And what action can be taken to get her to give access, ie a key, to every owner in the building.
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You’re right./ This owner has effectively damaged common property by putting locks on doors where she wasn’t entitled to.
You should raise the issue with the strata manager and/or executive committee with two purposes in mind.
1. to allow access when needed for all residents.
2. to find out how serious and valid her security concerns are.
You don’t want lots of keys floating around as the space will inevitably become a “store” (read dump) of other owners unwanted goods.
But how likely are you to need access in an emergency? If the answer is “not very” then the space should be locked with the key available to be “signed out” by your strata manager.
Otherwise, you could install a small key safe with a combination lock (the combination only being available to long-term residents).
If this owner resists, she should be told that she could be charged for the full cost of removal of the lock under strata laws relating to damage of common property.
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