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  • #10091

    I am a tenant in a strata managed block of flats, having some friction with an agent of the executive committee.

    Our strata is not managed by a strata manager, instead an agent of the executive committee seems to be responsible for the administration of the building.

    The flat immediately below ours has a leak in the kitchen that is apparently caused water damage. The problem is relatively serious.

    Our dishwasher had some leakage problems and was fixed. However the leak downstairs is still present.

    The agent of the executive committee requested to inspect our kitchen after it was fixed, which we facilitated.

    He then appeared on a Sunday night at 8pm at our door and demanded to see the kitchen again.

    My issue is not that he wants to inspect the kitchen – obviously he legally is able to do so – but the manner in which he goes about his duties. He does not call to ask if now is a good time, simply buzzes the apartment and demands access on the spot.

    He claims that not allowing him in constitutes ‘obstruction and hindrance’ of the owners corporation and would result in us being liable for any further damages to the apartment below.

    This is our home, and it is unsettling that someone can demand access to our residence on the spot, regardless of our right to privacy.

    I have repeatedly asked him to call ahead, and he has responded by telling me ‘do you think I like looking for leaks on Sunday evening?  If you have a problem with this contact the Dept of Fair Trading.’

    I’ve tried reasoning with him and he refuses to even call ahead. I don’t want to stop him doing his job, but does he really have to walk all over us to do it? Any advice?

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  • #23779
    Sir Humphrey
    Strataguru

      I think in most states there is a provision for EC members or their agents having access for an emergency (e.g.. there is water pouring from your unit), but that reasonable notice must be given if it is not an emergency. 

      The default rule in the ACT states:

      What may an executive committee representative do?

      • (1) An executive committee representative may do any of the following in relation to a unit at all reasonable times:

        • (a) if the committee has reasonable grounds for suspecting that there is a breach of the Act or these rules in relation to a unit—inspect the unit to investigate the breach;
        • (b) carry out any maintenance required under the Act or these rules;
        • (c) do anything else the owners corporation is required to do under the Act or these rules.

      • (2) An executive committee representative may enter a unit and remain in the unit for as long as is necessary to do something mentioned in subrule (1).
      • (3) An executive committee representative is not authorised to do anything in relation to a unit mentioned in subrule (1) unless—

        • (a) the executive committee or the representative has given the owner, occupier or user of the unit reasonable notice of his or her intention to do the thing; or
        • (b) in an emergency, it is essential that it be done without notice.

      • (4) The executive committee may give a written authority to a person to represent the corporation under this rule.
      #23784
      kiwipaul
      Flatchatter

        IN NSW the relevant part of the act is

        65 Can an owners corporation enter property in order to carry out work?

        (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.

        So in a non emergency situation the Strata can only enter your lot without your permission if they have obtained an Adjudication order allowing them to. So next time basically tell the guy he arranges a time that suits you or he gets an adjudication order.

        This applies to the Strata as you are a tenant the owners can gain access based on the tenancy agreement.

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