I wrote to you a little while ago about renovations proceeding in residential strata. It continues to be an area of concern for many residents in my building (just over 100 apartments). While I sympathise with owners seeking to continue or commence renovations, I still believe it involves a risk to residents who are attempting to minimise contact which could result in Delta transmission.
Our strata committee has taken the letter as a reason to close our outdoor garden and pool area. The Chairman says he is concerned about fines.
Firstly, the Chant letter is not a Public Health Order – it’s a suggestion to strata managers, displaying a complete lack of understanding about the relationships between strata managers and committees. Strata managers can’t order committees to do anything. And what about the many, many schemes that don’t have strata managers?
Secondly, as for closing outsoor common areas, the PHOs related to the hot-spot LGAs didn’t tell blocks there to close outdoor common areas and didn’t even tell those residents to wear masks when they were in them.
I would be writing to your chair asking him to point out exactly who would fine the scheme and under what Public Health Order. You are actually at greater risk of being sued by residents who are being unreasonably and unlawfully denied the right to use common property.
By the way, plenty of strata gyms and pools are still open because they have imposed limits on use (e.g. one resident or two members of the same household at any one time) and introduced booking systems.
Erring on the side of caution is just choosing to make an error- it’s not good management.
I am wondering if you have heard of any other strata’s dealing with this letter. I do believe we should comply with the intent but do not believe it is enforceable through police fines cf actual Health Orders made under the Act.
The strata schemes I know best are ignoring it. It has no legal basis and doesn’t even make much sense from a health point of view.
I have another question for discussion about whether it would be unreasonable to place a restriction on a new renovation so that it commences once the stay at home and work from home orders are relaxed.
In Victoria and the ACT you can’t have any building work going on in a block where even just one unit is occupied by residents. So no, it’s not unreasonable – far from it. But unfortunately our state government is still hostage to the building industry on one form or another.