My VCAT appearance is scheduled for next Monday 17th November 2014.
My main submission to VCAT will be:
An OC must repair and maintain services (Owners Corporation Act 2006 s.47) including “a service for which an easement or right is implied over the land affected by the owners corporation or for the benefit of each lot and any common property by section 12(2) of the Subdivision Act 1988. The easements or rights that may be implied under section 12(2) of the Subdivision Act 1988 are those necessary to provide: … rights of way; …”
I hope the above will be enough to establish that a swipe/fob that allows an owner to access their lots over common property is deemed a service (a right of way) by s.47 and it’s the OC alone that must maintain this service (and not individual owners).
That would mean the OC must repair faulty common access swipe/fobs at OC expense.
I’m still after any advice that will help.