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Topic
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We are in the process of having window locks fitted and units checked for compliance where some already have these fitted. So far, so good and there is general co-operation with the process.
However, there is one notable exception. An owner occupier has flatly refused to allow access to fit window locks. (He has previously failed to respond to requests to access the roof space above his upper (3rd) floor unit for other purposes such as termite inspection, fire safety inspection etc).
I have advised our SM and suggested this may need to go to the Tribunal.
Relatedly, I also contacted NSW Dept Fair Trading recently to ask about the need for a Compliance Certificate, but they advised that the legislation makes no provision for this. Seems like a pointless omission to me.
Would be pleased to receive opinions on our specific problem and the matter of compliance generally. Thanks
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Compliance certificates are not required.
Access to inspect the locks should not be denied to the OC. If it is denied then the OC can approach the Tribunal, and the Tribunal can order that access be permitted. A fine may be imposed on the owner.
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.
Lady Penelope (or anyone else), If compliance certificates are not required, and residents are able to remove the locks, how can Strata prove that they installed the locks if fines or liability for injury result down the track? I think that is why our Strata Manager wants us to get a compliance certificate for all existing one new locks.
Also, when an owner or their tenant is uncooperative about providing access to install the locks (or termite inspections or other work for that matter) is it acceptable/reasonable to pass on the call out fee for the contractor for the extra visit, even though strata pays for the actual work? If we give a lot of notice, and ask people to let us know if the date doesn’t suit so something else can be arranged for them, and then they still don’t stay home or leave keys for access on the day(s)….can we ask them to pay the extra? (there are only 18 of us).
For the pest inspections we tend to give up if people are uncooperative provided an inspection of their townhouse was done the previous year, but we can’t give up on installing the locks. This idea was suggested by one builder who came to quote as a measure to encourage compliance.