Re: Tradies can not acess individual lot – who pays extra charges?

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09/11/2015 at 9:42 pm #24179
Sir Humphrey
Strataguru

    If you are in the ACT, the following would apply. Perhaps where you are there is a similar provision in the relevant strata legislation:

    s.35 Recovery of expenditure resulting from member or unit occupier’s fault

    This section applies if an owners corporation for a units plan has in carrying out its functions incurred an expense, or carried out work, that is necessary because of—

    (1)  (a) a wilful or negligent act or omission of a member of the corporation, or an occupier of the member’s unit; or

    (b) a breach of its rules by a member of the corporation, or an occupier of the member’s unit.

    (2) The amount spent or the cost of the work is recoverable by the owners corporation from the member as a debt.

    (3) If the owners corporation recovers an amount under subsection (2) from a member for an act, omission or breach of an occupier of the member’s unit, the member may recover the amount from the occupier as a debt.

    (4) In this section:

    work, carried out by an owners corporation, means maintenance or anything else the corporation is authorised under this Act to do.

     

    I suggest that failing to allow access when the OC had done all it could to negotiate a reasonable and convenient time for access to undertake necessary work would amount to causing an expense through a negligent or wilful act. So, bill them.