#22076

Austman said

Wouldn’t it depend on who actually owns the key/remote/swipe?

I’ve been a member of six OCs/BCs across 3 states/territories and have not yet encountered a by-law or registered special rule in any of my OCs/BCs about common keys/remotes/swipes. 

Yes, but how do you ascertain who “owns” the said item? Common law suggests that fitting and fixtures within the airspace of the lot are owned by the owner/occupier of the lot. It gets a tad tricky when access cards are concerned because they have one part on the common property and it cannot be clearly said that the card is a “fitting or fixture” of a lot as it is generally used to access the common property.

And by-laws stipulating that access cards are owned by the owners corporation are quite common in NSW in my experience.