› Flat Chat Strata Forum › Common Property › Refusal by a Lot Owner to allow Access to rectify a Water Leak › Current Page
I wonder what illegal activity is going on in that unit?
Are you sure you can only enter the unit in a life-threatening emergency? In the ACT, where I am, an executive committee representative (in this case it could be a plumber) can enter a unit if the committee has reasonable grounds for suspecting that there is a breach of the Act or these rules in relation to a unit— inspect the unit to investigate the breach (could be a breach of the rules or Act if the leak is caused by a failure to maintain the unit), or carry out any maintenance required under the Act (in this case, to determine whether a leak is caused by a common property pipe – the OC is required to repair and maintain the common property). The committee must give reasonable notice of its intention to enter the unit. It may also enter without notice in an emergency. It does not say it has to be a life-threatening emergency. In any case, you would be giving reasonable notice and seeing as there is on-going significant damage I think you could go ahead (in the ACT at least) after giving one last definite notice of a time. If the unit owner were to get upset, you would have ample evidence of your attempts to gain reasonable cooperation.