#21373
Whale
Flatchatter

    Luke – there’s nothing in the NSW Strata Schemes Management Act (1996) about occupants’ rights to access Common Property, but that right is implicit in the Owners’ title documents and in Tenants’ Agreements with those Owners.

    It seems to me that your Client wishes to access the basement parking area in order to park there illegally, and in those circumstances I believe that your actions are entirely appropriate.

    Being denied access to a garage door can’t be construed as being denied access to Common Property, as clearly your Client has access – just not by the means that he/she prefers!

    In order to both sure-up your position and to properly and consistently define your Owners Corporation’s requirements for the security of its property, it would be well advised to seek some advice on the drafting of a Special By-Law covering that, and to put it as an item for consideration (as a Special Resolution) by Owners at the next General Meeting.