I’m interested in the legality of cancelling (or de-activating) swipe card/airkey/keycard access to common areas, which is one of the suggested actions above and in Jimmy T’s article “Can we cancel holiday let keys?”
Our Strata Committee has used this tactic to restrict STL, as well as penalise those who have ignored strata parking rules – and although I don’t have an issue in principle with this action being used as a last resort, can it be done without first taking bylaw breaches to NCAT, or indeed can it be done at all?
I would have thought that, legally, as common areas are owned (albeit in common) by the offending lot owner, to deny them access to their own property through de-activating a swipe card may be on shaky legal ground, and could even lead to claims for damages against Strata Committee members (of which I’m one). Sure, if there’s a bylaw that specifically allows for de-activation of swipe cards in defined circumstances then there may be a case, but does this trump common law and/or legislated property rights (assuming there is such a thing)?
I’d be very pleased to be set straight on this – despite much searching on many forums, website etc, there seems no clear answer.