Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #9214
    newlsie
    Flatchatter

      At 1am this morning our SC chair emailed out a notice instructing owners and tenants that they will be conducting an audit in our homes to establish if we have a washing machine and or dryer.  Can they do this?

      They also want to take photographic ‘evidence’ of our bathrooms to check if access to common property risers has been covered and “if specific tools or more than one person are required to safely remove tile work or similar”.  I understand that tradesmen need to access common property and I undertake to be responsible to provide that access should it be required.  Is that enough?  Can they dictate how access is to be provided?  Can they take photos of the inside of my home?

      Thanks for your comments in advance.

    Viewing 5 replies - 1 through 5 (of 5 total)
    • Author
      Replies
    • #20414
      BONNIE L
      Flatchatter

        Hi, In my experience reasonable notice has to be given;  also you haven’t said whether the reason for the inspection is required, or necessary, and whether you have been advised.   Others will know more.  Good luck. 

        #20220
        Jimmy-T
        Keymaster

          The owners corporation or strata committee have the right to enter and inspect your home for the purpose of repairing common property and/or determining if such repairs are necessary.

          However, if you refuse entry, they have to get orders from NCAT to enforce that right.

          I can see the wisdom of them taking pictures of any problem areas, as that would assist with getting an estimate of the cost of required repairs if a large number of units are involved.

          However, if this is all because they suspect you have done something to common property without permission, this takes on a slightly more sinister aspect.

          But one way or another, you can be required to allow access to them and be fined if you refuse AND be liable for damages if they have to force entry when they have a legitimate order from NCAT and you still refuse access.

          So the question is, why don’t you want them in your home and how badly are you prepared to block access?

          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.
          #20219
          newlsie
          Flatchatter
          Chat-starter

            Hi,  I have no issue with them coming into my home providing something is wrong.  In this instance there are no known problems.  They just want to be nosy and create a database of who has washing machines and who has renovated etc.  We are a problem building and I think this is an invasion of my privacy.  Do you think they have a right to store this personal information?  They also want to check to see if people are cleaning their windows.  They said; “….at the same time undertake an audit of the state of window cleanliness…”.  My windows are clean and I feel like telling them to go …… jump.

            #20263
            Lady Penelope
            Strataguru

              newslie – I agree with you that the Committee does not have the authority under the Act, and under the circumstances that you have described, to enter your property.

              There appears to be no maintenance work that is relevant to your Lot, no emergency safety issues, and no Order from the Tribunal.

              Is there a By-law forbidding washers and dryers from being installed in the Lots?

              If there is no such By-law then there is no reasonable justification for them to enter your property and check for breaches. 

              Creating some sort of photographic data base for a future hypothetical maintenance problem would not be a reasonable justification for a ‘forced’ entry to your property, in my opinion. 

              If the OC were determined to obtain access and took this matter to NCAT and you were ordered to allow then access than that would be a different matter. Until that time I would say “no” to the access. 

              The relevant section of SSMA 2015 that would support your denial of access is here:

              Section 122   Power of owners corporation to enter property in order to carry out work

              (1)  An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work:

              (a)  work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),

              (b)  work required to be carried out by the owners corporation by a notice given to it by a public authority,

              (c)  work required or authorised to be carried out by the owners corporation by an order under this Act.

              (2)  An owners corporation for a strata scheme 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 the Tribunal under this Division.

              (5)  A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section.

              Maximum penalty: 5 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.

              #20223
              newlsie
              Flatchatter
              Chat-starter

                Thank you, thank you.  Your reply is very helpful. 🙂

              Viewing 5 replies - 1 through 5 (of 5 total)
              • You must be logged in to reply to this topic.

              Flat Chat Strata Forum Common Property Current Page