Over-tenanting flats is a huge and growing problem and Owners Corporations, hamstrung by hopeless laws, are having to resort to fairly dubious tactics to curb it. Sometimes, it seems, they go too far.
QUESTION: Over the past few months I’ve been ordered by our building manager to allow access to a host of tradesmen and inspections.
Some of it is legitimate and necessary such as the annual fire inspection but the executive committee asked the fire inspectors to check my bedrooms, looking in cupboards and wardrobes, for evidence of over-tenanting.
Another incident involved changing shower heads with only two days notice. I complied but again I had my apartment inspected from top to bottom.
Now someone has complained about a banging noise and they can’t locate its source so the EC says “access anytime during the day or evening is required for on-the-spot checks.”
I always abide by the law but having my apartment constantly searched is highly offensive and an invasion of my privacy. Is there any kind of law regulating acceptable access, minimum notice to gain entry in a non-emergency and going through my wardrobe and belongings? – Harassed, Sydney
ANSWER: Strata law is quite specific about the conditions under which the Owners Corporation can demand or even force entry – basically fire inspections, repair of common property and genuine emergencies.
Unlike with tenants, however, there is no prescribed notice time for access to apartments. But there is also no provision for on-the-spot checks and unless there is a properly constituted by-law to that effect, you can ignore those demands.
You need to tell your executive committee that enough is enough. If need be, organise a free mediation through your local Community Justice Centre (Tel 1800 990 777) to thrash this out.
Otherwise this is verging on harassment and if they persist, tell them that, apart from the annual fire inspection, they will need to get an order from the Consumer Trader and Tenancy Tribunal before you allow any future access to your apartment.
Please email your questions to mail@flatchat.com.au.