#28922
Jimmy-T
Keymaster

    The issue raised by the original poster is one of security for the complex (specifically the other garages).  If access to non-residents compromises the safety and security of the block, the OC is entitled to make any reasonable demands on owners not to give access to common property to strangers.

    Many years ago I was on the committee of a Meriton block that had been given permission to build higher provided there was parking for tenants in the adjacent Housing Commission building.  There was free access from the parking to every floor in our building.

    We discovered that some of the HC tenants were renting their car spaces to outsiders and, bearing in mind this was Kings Cross in the 90s, we felt our security was not only compromised, but non-existent.

    Various ideas were mooted, such as electronic controls on the lift and an internal gate inside the garage but we thought we’d just upgrade what we had and make the best of it. 

    So we passed a bylaw that all residents had to register their car number plates with our secretary, in order to receive one of our snazzy new computerised entry fobs.  We sent a letter to the Housing Commission asking them to let their tenants know about the new arrangements.

    Instead, of them passing on the message, we received a lawyers letter demanding that we immediately hand over something like 30 active keys for them to distribute as they saw fit.

    We went to Fair Trading and the CTTT (as was) who upheld our right to take reasonable measures to safeguard the building’s security by asking residents of both buildings to register their vehicles with us.

    Within a week, the car park emptied of non-resident cars and suddenly 20 spaces that were previously full every day had no vehicles in them. Meanwhile HC residents who registered their vehicles were still able to come and go as they pleased.

    Were we being over-zealous?  Twice residents had been attacked in their homes by people who had somehow gained access from the street, drugs were being dealt out of our rear fire door, one cat burglar got on to the roof and used a fire hose to slide down to a balcony (but couldn’t get out of the flat because the door was deadlocked) and there someone was permanently living in a security cage that had been erected (illegally) around a car space.

    It’s all about accountability.  You are entitled to know who has access to your common property.  If people aren’t prepared to give that information, then they can take their vehicle (and sense of entitlement) elsewhere.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.