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We have an owner who has taken over a large area in our Plant Room, which is understand whilst its Common Property is also a “restricted” area as it contains all the various plant for the building. An OH&S Report commissioned last year recommended the items be removed as they were a fire/personal injury/tripping hazard.
Despite two requests that he remove the goods and subsequent undertakings from him to do so, he has in fact increased the amount of items in the Plant Room and now uses it as a gym, dropping weights onto the floor which then reverberates through the building. After our requests that he remove the items he has now lodged a request for exclusive use of an area of the Plant Room for storage (i.e. like his own garage). The Strata Committee is against it, but I seem to be at a loss to find the right regulation etc as they all relate to Common Property, while I understand the Plant Room is different. Only 2 keys exist to the Plant Room he has one, the Chairman of the SC the other. Where do we go from here? Is it prudent to issue a Notice to Comply or do we need to take other steps first? Would really appreciate your advice.
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My interpretation is that the Plant Room is common property however that does not mean that all Lot owners have access to it. Your building plan would probably have this area designated as a Plant Room. To change the use of this area to a gym would probably breach the development consent, building regulations and the planning regulations. Have you sought advice from your local Council?
It is not unreasonable to place restrictions on access to some common property if that area of the common property contains services. Clearly your safety audit has deemed the use of this space for a gym to be a hazard.
The Motion that the gym equipment owner has proposed can be ruled Out of Order if it breaches regulations.
In addition to breaches of the NSW planning regulations in my opinion the gym equipment owner has breached SSMA 2015 [s108(2)].
108 Changes to common property
(1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
(2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
In the interim I don’t believe that it would be unreasonable for the Committee to have the lock changed on the Plant Room. The Lot Owners do not have an automatic right to a key to this room. A sign could be placed on the door stating ‘Plant Room – Authorised Acess Only’.
The gym owner will then need to approach the Committee to gain access to his gear. The Committee could then state that due to safety concerns, breaches of the Act, breaches of building codes, and breaches of by-laws (nuisance, damage to common property etc etc) that the gym equipment must be removed immediately. This could be done under the supervision of one or more of the Committee members.