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Hi all
I live in NSW. Last week I received a voicemail message from someone saying he was a tradesman and he was going to be coming on to my property the next day. This was less than 24 hours. He did not tell me what he was going to do or What time he was going to come or how long it would take.I was not asked if it was convenient or if I had given consent. I assume my phone number was given by either the SC or Strata manager. I was not notified in writing by Strata nor the liaison officer that any work was needed. I sent an email to Strata saying I did not think this was the correct procedure and was also a security issue. This has happened over and over and each time I have said I have no problem with allowing access to my lot but require reasonable notice and prefer it in writing.
I received an email from Strata stating that the procedure was to give out phone numbers to contractors and for the client to make arrangements directly with the contractor . Could some one please advise me of my actual rights . And where I could find this in the act I have been searching for the correct procedures for right of access . I would love to quote a section of the act in my defence to Strata. Thanks for any advice.
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Hi Whoopi – Can you clarify if you are a tenant or an owner as different legislation applies to each?
Thank you Whoopi – I have included two different extracts below that you might find useful.
The first extract deals with tenant’s rights under the TRA 2010. You, as an owner, should have the same rights for Notice as a tenant and certainly not less rights than a tenant, so the tenant time frames for Notice can still be used as an argument in your case. It would be unreasonable for an owner in a strata scheme to have less rights than a tenant in that same scheme.
The second extract is from SSMA 2015 and is less specific about time frames for Notice.
“The amount of notice you or your agent must give to the tenant depends on the reason for entering the premises.
In addition to reasons below, you, your agent, or any other person acting on your behalf can access the property at any time for any reason if the tenant consents, which may also include agreeing to a shorter period of notice.
Reason
Notice required
To inspect the premises (no more than four times per year) At least 7 days writtennotice To do ordinary repairs or carry out maintenance At least 2 days notice To carry out urgent repairs, such as fixing a burst water pipe, a gas leak or a blocked toilet (see clause 19 of the lease for a full list of matters considered to be urgent repairs) None To comply with health and safety obligations, such as installing smoke alarms At least 2 days notice To obtain a property valuation (no more than once in 12 month period) At least 7 days notice To show a prospective tenant (only permitted in the last 14 days before the existing tenancy is due to end) Reasonable notice on each occasion In an emergency None If you have tried to contact the tenant and been unable to do so and have reasonable cause for serious concern about the health or safety of the tenant or other occupants None If you reasonably believe the premises have been abandoned None To show the premises to prospective buyers 2 weeks written notice before first inspection.
Subsequent inspections as agreed with the tenant or, if there is nothing agreed, no more than 2 inspections per week, with 48 hours notice each timeIn accordance with a NSW Civil and Administrative Tribunal order As determined by the Tribunal Time limits on access
In most circumstances, access is not permitted on Sundays, public holidays or outside the hours of 8am to 8pm. You must not stay on the premises longer than is necessary to achieve the purpose given for access. Where practical, the tenant should be notified of the time when access will be required. These limits do not apply in an emergency, to carry out urgent repairs, if the tenant agrees otherwise, if the premises are abandoned or if access is in accordance with a Tribunal order.”
SSMA Section 122 Power of owners corporation to enter property in order to carry out work
(1) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work:
(a) work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),
(b) work required to be carried out by the owners corporation by a notice given to it by a public authority,
(c) work required or authorised to be carried out by the owners corporation by an order under this Act.
(2) An owners corporation for a strata scheme 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 the Tribunal under this Division.
(5) A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section.
Maximum penalty: 5 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.
Whoopi – you consistently refer to receiving information from “strata” – do you mean the strata manager or building manager or the strata committee (or someone else)?
This is all really a matter of the protocols in your building where your strata manager, building manager or strata committee officers aren’t organised well enough to give you reasonable warning of the need for access.
If this is a serious enough issue for you, then you could refuse access unless it is accompanied by an order from NCAT. Or to put it another way, the Owners Corp is entitled to gain access to your unit under certain circumstances but if you refuse, they have to get an order from the Tribunal to enforce that right.
Now, having said that, there may well be circumstances where you don’t wish to impede the workmen or whatever – but you do want to have reasonable notice provided.
So let’s get back to what you really want – which I believe is sufficient notice.
Now, using the guidelines provided by Lady P, go to your committee and propose a motion for the next committee meeting that they adopt protocols for non-emergency meetings along the lines suggested.
The strata manager (or building manager or whatever “the strata” is) can only do as the owners corp, as represented by the strata committee, instructs and there is no reason an owner should be given less notice than a tenant.
So tell the committee what you want and tell them that if you don’t see a bit more consideration in this regard, you will not be permitting access without an order from NCAT.
If you want, you can get into issues of privacy and who should be getting your phone number etc etc – but there’s little to be gained by that if all you really want is a bit more notice than you have been getting.
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Whoopi – Have a think about joining the Strata Committee.
You have to be objective – like a director of a company but you get your say.