Which body is requesting access to the common property roof space …. is it NBN, or is the Owner’s Corporation, or is it a Lot owner?
If it is NBN then it is my understanding that NBN have a statutory right to install cabling and a person cannot refuse access.
There are also two sections of the Act that may be useful to you.
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 122
Power of owners corporation to enter property in order to carry out work
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.
If there is a defect in the current cabling then the following section may be useful.
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 119
Work to rectify certain defects
119 Work to rectify certain defects
(1) An owners corporation for a strata scheme may carry out work that is necessary to rectify any of the following defects:
(a) any structural defect in any part of a building comprised in a lot in the scheme that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,
(b) any defect in any pipe, wire, cable or duct that provides, or through which passes, any water, sewage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil or other service (including telephone, internet, radio or television services) within a lot.
(2) An owners corporation may carry out the work at its own expense if the cost of the work cannot be recovered from some other person.