@JimmyT said:
@lime2 said:
If I enter the building with a visitor and am required to sign them in using the ipad, I am embarrassed when security say something like “Make sure you sign out before 2am to avoid being fined”. It is as if its back in the 1960s when non married adults of the opposite sex are judged if they stay over. Reading the by-laws, there is nothing about guests needing to sign in visitors and/or visitors not being able to stay past 2am.Owners corporations and management companies can’t issue fines, even for by-law breaches (which require a by-law in the first place). Only NCAT can issue fines and that has to be for a breach of a by-law. However, many buildings bluff their residents by threatening fines and wheel clamping etc when they know they are not legally allowed to do so. They count on the ignorance of their residents about strata law.
Thanks JimmyT for the clarification on this. That is what I thought so I guess this building either is issuing fines illegally or have found a loophole by charging card re-activation fees etc instead of fines. I often hear residents arguing with reception about their de-activated access cards and that it is due to them having outstanding fines/fees.
I guess tenants may have a case for reimbursement from their landlords but this is not an ideal solution as the landlords are also powerless.
Reading something from the RLC, I have seen they have been successful in helping a tenant to get a NCAT order to have a tenants card re-activated. But this is too much time & effort involved for most people (let alone not having your access card not working until the order is made). So I guess most people would pay the “fine/s”.
I have read the building by-laws and whilst there is nothing in them about fines from not signing out visitors by 2am, they do mention fees for having someone else use a residents access card. I have put the by-law below. Do you think its legal?
3) Owners and occupiers must keep security keys, key cards and remote access devices
for the buildings safe and secure by, among other things:
(a) ensuring that such key, card and/or device is not given to any person unless
written approval is obtained from the executive committee or a delegate of
the Executive Committee;
(b) ensuring that, without the prior written approval of the Executive Committee,
no duplicate of the key, card and/or device is made; and
(c) not disposing of the key, card and/or device otherwise than by delivering
it/them to the Executive Committee or a delegate of the Executive
Committee.
(d) Notwithstanding sub-clause (9) hereof, if any owner or occupier does not
comply with this sub-clause in any respect then the Executive Committee or
a delegate of the Executive Committee may immediately de-activate the
key, card and/or device and may charge a fee not exceeding $250 to
re-activate or re-instate the key, card and/or device.
(e ) Any action taken by the Executive Committee or delegate pursuant to this
sub-clause for a breach does not preclude the Owners’ Corporation or
Executive Committee or delegate from seeking any other remedy for any
breach.