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@Lady Penelope said:
Generally such entry is only permissible in an emergency. SSMA 2015 [s122(3)] or, by Tribunal Order.[s122(3)] states: In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
Without knowing more details, the situation that you described does not appear to fall within the definition of an “emergency”. There is no definition under the Act of an “emergency” therefore the ordinary dictionary meaning would probably apply.
“emergency” – a serious, unexpected, and often dangerous situation requiring immediate action.
Whilst the asbestos situation may arguably be dangerous the unauthorized entry to your Lot for the purposes of taking photos for a future AGM is hardly going to provide an immediate remedy to the dangerous situation. It would probably not be wise for the person who authorized the entry to your Lot in this manner to rely on [s122(3)] as a defense.
Thanks Lady P. This was definitely NOT an emergency. It was to prove, without a thorough inspection, that there was no asbestos. They took a photo of the roof from my balcony. I thought it may well be rtrespass and/or invasion of privacy.
08/08/2017 at 8:08 pm in reply to: Elevated issues – waiting for elevator like waiting for Godot #27835Thanks so much everyone! I’m scared stiff of NCAT! The SC has an engineer looking at the lift. Don’t like our chances though.
03/08/2017 at 1:20 pm in reply to: Elevated issues – waiting for elevator like waiting for Godot #27796Hi there guys, my unit block has a lift that was built in 1983. I have been asking for it to be fixed for 4 years. It is so noisy and keeps everyone awake at night (and during the day); it sounds like bombs going off. It breaks down on a regular basis and does not land level with the floors.
The current Strata Committee WILL NOT upgrade or replace the lift. None of the 5 member committee live in the block. I have been to Fair Trading, which was a joke. We were mocked, ridiculed and interrupted by the SC member there representing the OC. What on earth can I do to FORCE them to replace the old, run-down Otis lift.
We are currently with a lift company whose contract expires in June 2018.
Ziggy.
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