#28162
Ziggy
Flatchatter
Chat-starter

    @Lady Penelope said:
    Generally such entry is only permissible in an emergency. SSMA 2015 [s122(3)] or, by Tribunal Order.

    [s122(3)] states: In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.

    Without knowing more details, the situation that you described does not appear to fall within the definition of an “emergency”. There is no definition under the Act of an “emergency” therefore the ordinary dictionary meaning would probably apply. 

    “emergency” – a serious, unexpected, and often dangerous situation requiring immediate action.

    Whilst the asbestos situation may arguably be dangerous the unauthorized entry to your Lot for the purposes of taking photos for a future AGM is hardly going to provide an immediate remedy to the dangerous situation. It would probably not be wise for the person who authorized the entry to your Lot in this manner to rely on [s122(3)] as a defense.   

    Thanks Lady P. This was definitely NOT an emergency. It was to prove, without a thorough inspection, that there was no asbestos. They took a photo of the roof from my balcony. I thought it may well be rtrespass and/or invasion of privacy.