Hi Jimmy T,
I feel I must disagree with your interpretation as Strata Law does not override Common Law. There is no lawful excuse for trespass and unless consent (written or otherwise) is given, technically a CTTT Adjudicator does not have the power or jurisdiction to override Common Law.
Simply put, an order by an Adjudicator will have to satisfy the Owner more than it would the Owners Corporation. The Owners Corporation would have to prove what part of the Act was breached, why it is necessary to enter onto the Private Parcel and ultimately reiterate a request for ‘access’ from the Owner.
If the Owner did not consent to access and the CTTT made an order, it is still trespass and the relevant legislation remains applicable.
I don’t understand the problem with allowing workers in for a fortnight to carry out works that will only improve the lot, but I have absolutely no tolerance for trespass and would request ‘Newbie’ insist this is only done at a mutally suitable time. I suggest forwarding the OC three reasonable timeframes for works to occur and just ‘get on with it’.