Thanks for raising this. I was unware of this change, it is yet another example of the government policy makers being strata blind. I will ask SCA (Vic) to raise with the relevant minister.
But in the meantime, what can be done?
We already know in Victoria that an owners corporation can’t interfere in a persons property rights eg short term letting (Supreme Court of Victoria case of Owners Corporation PS 501391P v Balcombe [2016] VSC 384 (22 July 2016). If it is lawful use under planning laws or other laws, then an owners corporation can’t create Rules to prevent. However what we learnt in Lim v Owners Corporation PS714612M (Owners Corporations) [2018] VCAT 1995 was that the Rules are for the administration of the common property and requiring induction, provided it was requirement of all owners, residents and their guests was considered reasonable.
Using this as an example, perhaps there are some administrative process that require all residents and their guests to register or sign in, to ensure that the owners corporation has knowledge of the number occupants in the building at anytime to able to comply with occupancy permit and emergency processes, similar to what we did under Covid.
Perhaps cameras, particularly facial recognition at point of entry and linked to swipe, fob or key access to promote a safe and secure building for all.
A regular security access review of all key, swipes and fobs to ensure that all are registered and in use, weekly or daily changing of access codes – often necessary if the building has high takeaway food deliveries, may see the need to remove all “unregistered” or not dormant devices.
Of course all these administrative services will need to incur a fee, similar to our Lim case – everyone to contribute to at least one fee for the service and then a user pays.
Can anyone think of any other ingress and egress services?
Of course, you should absolutely consult your favourite legal adviser to craft Rules that are not oppressive or discriminatory and comply with the law. Once you have the drafted Rules, you will need a special resolution from all owners to allow the Rule to be registered before you charge any fees or enforce the Rule.
I am also reminded of a comment by the Police when advising a committee of the benefit of security patrols and CCTV. Security Patrols and/or CCTV won’t stop the crime, but it encourages the crim’s to go elsewhere without those measures.
Perhaps its the same for small business. The more difficult it is to run a business from your building the more likely they will hopefully move on.
Food for thought.