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Thanks Jimmy. I have just received a response (copy below) from the EC via the strata manager. It seems to imply that the disability legislation does not apply. The letter states:-
“The Strata Cttee have as you have been advised been looking into your request. Firstly, XXXXX Towers was built in a time when residential buildings were designed without giving consideration to anyone requiring wheelchair access. You would be aware that it was 2010 when the disability Access laws were enacted. However, the Strata Cttee are able to give you written permission to use a section of common area to enable you to install a temporary ramp of a style of your choosing that will enable you to get your mother in law up and down the entry area stairs.”
It then passes the responsibility of procuring and installing the ramp over to us. They also seem to think it is feasible for my wife (53 years old) whilst looking after her mother to set up and put away the ramp every time she leaves and enters the building (daily). It should be noted that there is nowhere to safely store a ramp in the foyer area. The letter stated:-
“Due to the entry foyer being a high traffic area it will be necessary for OH&S reasons that this ramp be one that could be put down and taken up after each use so that no one trips on it leaving the owners corporation exposed to any injury proceedings.”
Finally, they want us to sign an indemnity in case of injury, which is ironic as that is why we wanted the access in the first place. The letter stated:-
“Should you wish to take up the offer of the Strata Cttee we will require that you give a written indemnity to the Owners Corporation indemnifying them against any injury that could be sustained to Mrs XXXX should the ramp collapse or the wheelchair fall off the ramp causing an injury to her or her assistant and any claim that may be lodged against them should a person be injured by the ramp being on common property.”
Although, we have requested the access there are a number of elderly residents that may well need access in the future. It seems that we are being made personally responsible for providing access which could be used by any resident/owner. I am not sure whether to engage a specialist solicitor and take this issue straight to a tribunal as you suggested, as the ctte seem to have relinquished its responsibility.
Thanks