An update.
I won at VCAT! And even, without my asking, had my application fee awarded against the Owners Corporation (the “Respondent”).
I had other augments ready to support my case (including rights of way law) that were never even mentioned. My case was won on just one of argument – the rest weren’t needed (although the “Member” thought they were also valid, just not needed).
And that was s.46 of the OC Act. The Member considered that a swipe/fob was a chattel to the common property security system and not lot property As such the OC must repair and maintain it. It is not an exclusive service that benefits only one lot either as it’s needed by a resident to be able to enjoy the common property areas of the building. Nor can the “benefit principle” of funding be applied.
So now we know: An Owners Corporations (at least in Victoria) must pay to replace a resident’s faulty building entry system swipe/fob keys.
46 Owners corporation to repair and maintain common property
An owners corporation must repair and maintain—
(a) the common property; and
(b) the chattels, fixtures, fittings and services related to the common property or its enjoyment.
I don’t know if VCAT will publish the result on AustLII . I don’t know how others find out about it if it isn’t published.