- This topic has 5 replies, 5 voices, and was last updated 6 months, 2 weeks ago by .
-
Topic
-
I will keep this rather brief. Our building is in Victoria and was built in the late 60’s. The latest Plan of Subdivision was done in 2001. The building is a 2 story building with 8 apartments with the upstairs apartments matching the layout of the downstairs ones. The below picture is a crude drawing of our subdivision on the bottom ground
The left side are the backyards available to the lot owners on the bottom level (marked Lots 1-4). Also the upstairs water meters, gas meters and water shut off to the individual upstairs apartments are located in the backyards of those lot owners. We are running into an issue where there seems to be blocked off access to the common property behind Lot 3 as well as to the meters and water shut off. The upstairs people have advised that they would be happy to pay for combination locks to be placed on the gates that exist between all the back yard and the code only be shared with the utility companies as well as all owners. The upstairs people only want unrestricted access in the case of an emergency where water is required to be shut off as the only other option they have is to shut the water off for the whole building.
Additionally, they want to set up a formalised procedure to allow tradesmen access that will remove the ability of the affected Lot owner to be obstinate and difficult. This is a big worry for them as the chair of the committee has in the past tried to paint carpark lines and not follow the plan of subdivision and effectively steal one of the Lot owner’s land.
All this leads to the question, what restrictions do lot owners have to restrict access to common property and to the individual water shut off taps for the individual unit.
- This topic was modified 6 months, 3 weeks ago by .
-
Replies
-
1) How did this situation develop? It’s a usual requirement of a building permit that access to utilities is via common property.
2) Utulities use a master key to access locked gates and doors. They are known by various codes depending on the utility and state. A locksmith can install such a lock or padlock.How did this situation develop?
The building went up in the 60s, when the strata world was young and builders who had only ever constructed two-story houses (if even that) were suddenly building low-rise apartment blocks. Regulations were scant and easily ignored. We used to own an apartment of similar vintage where the bath and sink overflow was a shallow channel across a section of the bathroom floor to a pipe that dripped water on to the path below. As far as I know, it’s still there.
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.
- This reply was modified 6 months, 3 weeks ago by .
I don’t quite understand the drawing. It looks like the common property area (that little rectangle at the top of the diagram) fronts onto the street. If so, can you put in a locked gate that can only be accessed from the street by the various utility providers (as well as lot owners)?
If I understand correctly, the meters and such are in each of the back gardens, so not all clustered together but spread along the back of the building in each of the different backyards. If that’s the case, you’d need a series of gates leading from one garden to the next.
I just looked up the Victorian strata legislation and it says you have to give 7 days notice to the occupier of a lot if you want to enter the lot to carry out maintenance, repairs etc (unless you agree a lesser time, or it’s an emergency.) The lot owner must provide access. Have a look at pages 35-36 of this document: 06-69aa020-authorised.pdf (legislation.vic.gov.au).
So I guess you have two options. One is to instal gates that ensure access without dealing with the lot 3 owner. You can do this with money and a special resolution if you can get enough votes. The other option, if lot 3 owner is being difficult, is to formalise what’s in the legislation, with specific reference to the layout of services in your own building, in a special by-law. The legislation should be enough, but a by-law means should make it very clear to the current and future owners of lot 3 (and any other recalcitrant lot in the future) that they have an obligation. And you don’t then need to be arguing what the legislation means – it will be spelled out more clearly in your by-law.
It sounds like you want to upgrade the building’s common property, to manage the access to that “common property” yard area that seems to be adjacent to Lot … That upgrade seems worthwhile, and so you (and the other interested and cooperative owners) should get together and draft a suitable motion to put to a general meeting. Depending on the level of support and the building’s finances, it may be helpful to get some quotes from builders, to provide options and cost estimates. For example you could fit locks to prevent access to the common property yard, apart from authorised persons (and there are special security ABLOY locks that only meter readers and electricians have a master key, for instance). Or you could install locked cabinets just around the meters and valves. Or decide to use the area for something worthwhile for the building, like a vegie garden, or compost bins….
Your strata manager can help draft a motion, or have a go yourselves. Propose the best option, or a choice of a couple of options, along with the quotes and a budget at the general meeting of all owners. The owners can then approve, with a majority vote, but you may need to increase your levies or raise a special levy if you have insufficient funds, and include that in the general meeting motions, if so.
The second step is to review your by-laws, and amend or add some to administer that area. For example you could add a by-law that does not permit access by residents and owners and others to that area, unless they have reason. But back that up with locks, and a by-law can restrict access to the key to just office holders, or 2 strata committee office holders together, if one alone may not solve the problem.
- You must be logged in to reply to this topic.