@leif said:
Two thingsFirst
AS long as the site mixes professional comments with public comments unless you know treat them all as public comments.
Not sure what you mean by that. We take opinions based on the law, common practice and readers experience. You said “don’t trust anyone” – why even bother with a website like this if none of us are to be trusted?
Second
The NSW law is clear you cannot enter a private property without permission, the strata act intention is equally clear you can only enter to maintain common property that is accessible from inside the lot.
Well, if nothing else, this proves that some opinions can’t be trusted since this one is utterly wrong. This is what the strata Act actually 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,
(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.
You only quoted the opening line presenting that as proof of your argument
65 Can an owners corporation enter property in order to carry out work?
But, as you can see above, the Act quite clearly does not say any of the things you extrapolated from that one line.
As the work is not carried out or need access from inside the lot no entry is allowed.
This is clearly not true
Or in plain English he is not entering to carry out work in the lot or from inside the lot
This is irrelevant – it’s not even mentioned in the Act.
The fact that the easiest access to the location is through the lot is irrelevant especially as there are other options.
And that, as Whale has pointed out, is something to be discussed at or before a mediation.
You cannot disparage the entire output of this website because someone disagrees with you. Contributors may not get it right first time but there are plenty of people here who will put them on the right track. In that process we not only find out hat’s right but why they got it wrong – and that’s an important step that other advice websites often miss out. The law, accepted practice and actual experience come together her to provide answers that can be depended on- and that’s something you can trust.