› Flat Chat Strata Forum › Common Property › Access to property for maintenance › Current Page
@proudsceptic said:
If no response is received by the given date then you will have done all that you can do under the circumstances, and you should be able to undertake the maintenance and repairs.
These steps may take a while …. but it is worth doing everything correctly or you can find yourself in a whole heap of trouble.
I think the next step is to get orders from NCAT allowing you to access the property in a non-emergency situation. The law seems to be a bit ambivalent on this but most strata managers I know would err on the side of safety and get the orders under section 122 (4) (below) even though section 122 (2) seems to imply that an NCAT order is not required.
I would think that telling the the owner that you will be able to do this and that any damage to their door or locks in gaining permitted access will be to their cost and that they could be fined $1100 for preventing access might focus their minds.
122 Power of owners corporation to enter property in order to carry out work
(1) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work:(a) work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),
(b) work required to be carried out by the owners corporation by a notice given to it by a public authority,
(c) work required or authorised to be carried out by the owners corporation by an order under this Act.(2) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.
(3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
(4) In a case that is not an emergency, the owners corporation may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of the Tribunal under this Division.
(5) A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section.
Maximum penalty: 5 penalty units.
(6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.