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05/07/2012 at 3:21 pm #8228
I was wondering if I have to allow access through my apartment to the balony for an absailing rigg to be set up to repair a crack on the external wall of the apartment building?
Can I say no and get repairs fixed via roof access or street access?
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06/07/2012 at 9:48 am #15814
@pinkcarrots said:
I was wondering if I have to allow access through my apartment to the balony for an absailing rigg to be set up to repair a crack on the external wall of the apartment building?Can I say no and get repairs fixed via roof access or street access?
The Act (quoted below) says you must allow access and failure to do so can lead to fines of up to two penalty points (which I think is $220 at the moment). The OC can also go to the CTTT and get an order, if required, to gain access to your property.
OK, that’s the law – here’s the reality. I raised this very issue in my own building recently and the Strata Manager said that while the law is quite clear on this, its operation is cumbersome and complicated and if there’s any other way of gaining access to a property for essential building work, it should be explored.
Some people may be happy to pay the $200 fines and send their lawyers to the CTTT to fight the case, rather than have their lives disrupted.
Assuming you don’t want to waste money, time, emotional energy and the goodwill of your neighbours, it comes down to communicating with the Owners Corp and the Strata Manager and asking them they have explored any other ways of doing this that may be less disruptive to you. When they realise that it’s not as simple as issuing you with a demand, they may think a little more creatively.
But you also need to think about your responsibility to the rest of the community of which you are a part. When you buy into strata you join the Owners Corporation whether or not you want to and that comes with responsibilities as well as rights. But it’s better for everyone – you included – if you step up and do your bit, when required. So talk to the EC and the Strata Manager and try to find a compromise if you possibly can. And if not, make sure you have it in writing that the work will be done quickly and efficiently, your home is inspected before and after for any damage, and that there is an agreement in place to repair or repaint as required without delay or discussion. Then everybody can get on with their lives and you don’t have tha hassle of turning up at the CTTT every other week to fight for the right to say no.
One other thing, if you obstruct essential work and the delays cause further damage to the building, you might (and I stress might) be liable to be sued for the damage caused to the building due to your actions.
All in all, it’s better to sit down and talk to your EC – the law is on their side but time is on yours. This is what the Act says:
65Can an owners corporation enter property in order to carry out work?
(1) An owners corporation may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of carrying out the following work:
(a) work required to be carried out by the owners corporation in accordance with this Act,
(b) work required to be carried out by the owners corporation by a notice served on it by a public authority,
(c) work required to be carried out by the owners corporation by an order under this Act.
(2) An owners corporation may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.
(3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
(4) In a case that is not an emergency, the owners corporation, may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of an Adjudicator under section 145.
(5) A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section.
Maximum penalty: 2 penalty units.
(6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.
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.
06/07/2012 at 4:04 pm #15818There are times when I have to provide access to my apartment so repairs can be carried out or certain other things done such as inspections. For example, the ceiling space can only be accessed through manholes in my apartment and one other. I don’t have a problem with that, it’s my building together with the other owners.
If access through your apartment is the cheapest and safest option, then surely it is in your interests as an owner to go with that option. You do want the crack fixed don’t you?
08/07/2012 at 7:09 pm #15830I really appreciate the reply and its good to know I should get my apartment inspected before and after in case of any damage. If alternative access cannot be found then I know how to handle it and my
obligation, so many thanks.
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