I am shutting this discussion down for the simple reason that the facts have been established and continuing debate about who’s right and who’s wrong helps no one and simply adds to confusion.
So here are the facts as supported by Section 65 of the Strata Schemes Management Act 1996 (quoted at length in my posting below).
In NSW, the Owners Corporation of a strata scheme can seek orders at the CTTT demanding access to an owner’s lot for the purposes of maintaining or repairing common property, or even just to investigate whether this work is required.
Owners can be fined for obstructing the Owners Corp (or its agents) in pursuit of these repairs. If there is any continuing doubt over this, consider the fact that, under the same section, any damage caused by the OC in gaining access is the liability of the owner if they have illegally obstructed or hindered access.
That’s the law. The actual process of enforcing that law is a lot less direct and requires mediation, adjudication, possible appeals and fines for non compliance. Where the situation gets serious for the obstructing owner is when a CTTT order is issued and they ignore it. That’s when potential fines go from $220 to a maximum of $5,500.
That said, sensible owners, executive committees and strata managers would negotiate access in a way that was mutually acceptable. That’s what should be happening in this case.
However, I would make this point – any owner who ends up being taken to Fair Trading and the CTTT to have access ordered is going to get a lot more sympathetic hearing if they show willing to compromise than if they turn up claiming the law is wrong and they are right.
That’s just my opinion, of course, but with that I declare this issue closed.