• Creator
    Topic
  • #10068
    AAY
    Flatchatter

      I am in a 4 Lot Strata. My Lot has a bathroom over the garage of another Lot. I have renovated my bathroom and my plumber needs a few hours access to the plumbing underneath in another Lot to do final connection. The design of building is such that all my plumbing runs along roof of another Lot then into common property plumbing. I have given months of notification, details of plumber and insurance, indemnities over any potential mess or damage, but they have not allowed access. The garage is empty.

      Strata Mgt Act does not provide a By Law on this and there is no “easement”. Am considering an Order to Access Utilities through Local Court under Access to Neighbouring Land Act 2000.

      Tried “talking”, tried Strata Manager. What rights do I have? What suggestions do you have?

    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #23698
      Whale
      Flatchatter

        AAY – weren’t the conditions of your access to common services covered in the prerequisite Motion and supporting documentation that you submitted to the General Meeting of your Owners Corporation, where at least two (2) other Owners voted with you in order to grant its consent to your renovations and consequent changes to the common property?

        #23702

        Is the garage locked? Is the owner around during the day? 

        Seriously, though, the action in the Local Court under Access to Neighbouring Land Act 2000 may be worth filing and serving just to see the look on your neighbour’s face when they get it.

        I don’t know the act and have no advice as to whether it’s the right one or not (although I suspect the Magistrate might see the words “Strata” or “unit” and send you straight off to Fair Trading). But you might be able to bluff your neighbour sufficiently to get a few hours access, rather than have them go to court. Or it may be your neighbour is a QC, in which case you are stuffed.

        #23703
        AAY
        Flatchatter
        Chat-starter

          @Whale said:
          AAY – weren’t the conditions of your access to common services covered in the prerequisite Motion and supporting documentation that you submitted to the General Meeting of your Owners Corporation, where at least two (2) other Owners voted with you in order to grant its consent to your renovations and consequent changes to the common property?

          Good point thank you ….yes Correct, only 4 parties in Strata and yes the other 2 supported me. Does that give me right of access? Seems very reasonable as I am frustrated by unreasonable prevention of access.

          #23705
          Whale
          Flatchatter

            AAY – I’m guessing that the now uncooperative neighbour was the dissenting vote (?), but provided your renovations and associated changes to the common property (sewerage) were consented to by way of a special resolution of the Owners Corporation (O/C) at a General Meeting in accordance with Sect 65A of the NSW Strata Schemes Management Act (SCMA), and that’s been minuted, then the O/C itself should be arranging access to your neighbour’s garage in order to facilitate those works.

            So your O/C should, either by way of the Secretary of its Executive Committee or by an instruction to its Strata Manager, immediately write to your neighbour to arrange access to their garage within a short timeframe in order to by its agents (i.e. you / your plumber) “carry out work in accordance with Sect 65 of the SCMA”, and I’d suggest that you concurrently try to reason with them about the need for that access.

            Let’s hope that a concurrent approach by the O/C and by you will see a sensible and timely outcome, but regrettably if access is still refused, as it couldn’t be claimed to be due to an emergency and as Tess observed (post 3) a Magistrate would likely refer the matter to the Dept of Fair Trading who administers the SCMA, the best course of action would be for you to then take the matter to mediation there, with the option of your O/C (not you individually) seeking Orders in the NSW Civil and Administrative Tribunal to enable access to your neighbour’s Lot under Sect 145 of the SCMA.

          Viewing 4 replies - 1 through 4 (of 4 total)
          • You must be logged in to reply to this topic.