Flat Chat Strata Forum Living in strata Current Page

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  • #9156
    Jimmy-T
    Keymaster

      You get little thanks for serving on an executive committee and even less reward.  But, like politicians with travel allowances, the temptation to award yourself little perks is always there.

      QUESTION: I recently wondered why I could hear the lift whizzing down past my floor and only returning long after I had pressed the call button.

      I have now discovered that members of the executive committee have awarded themselves and their cronies  “executive keys” that take them straight to the exit level without picking up passengers on the way.

      I’m told it started with EC office-bearers wanting to avoid being accosted by residents in the lifts.  But it seems now the privilege has been extended to a few of their more loyal mates on the higher floors.

      Before I say more, I’m not entirely sure I want to stop this as some (though not all) of the executive key holding cronies are thoroughly nasty pieces of work and I’m reluctant to get in the lift with them without a can of pepper spray and a cattle prod.

      But is it legal?  And could the EC members easily get it approved if I complained? – Tarquin, Eastern Suburbs.

      ANSWER:  I asked a panel of strata managers and lawyers this at Flat Chat Live a couple of weeks ago.  Their answer was straightforward and unanimous: this is exclusive use of common property – admittedly only while they are in the lift – and that requires approval by special resolution (75 percent vote) at a general meeting.

      Even if they had permission, there should be a fee to cover the cost of the electricity used in the lift taking extra trips up and down.

      But seriously, I’d wait for your AGM when you can put up a motion asking who in the building has express keys, why they were given them and why there was no exclusive use by-law passed to approve this.

      That will give you time to save up for a stab vest to go with your (highly illegal) cattle prod and pepper spray.

      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.
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    • #20173
      Jimmy-T
      Keymaster
      Chat-starter

        One of the panelists has had a re-think:

        I think its matter of misuse of a common property key and obstruction of common property.  It’s a matter of transparently managing the use of lift keys, and suggest General Meetings are the best way of making all aware of his behaviour.

        I misunderstood the scenario and thought he had locked it off for his permanent use. Your article indicates it is temporary use only, which I do not think would allow for an exclusive use by-law because it is not for his ‘exclusive use’ ie use that is for the exclusion of all others.

        Exclusive-use and charges of electricity, while a fitting humiliation (and I take it that is tongue firmly in the canines), would be a very difficult matter to successfully run through the Tribunal following his presumed refusal to consent.    

        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.
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