Front door closer missing

Based on some recent posts by others, I’m guessing that the Owner concerned may have removed the door closer because of the noise then made by those doors when they slammed shut. I only mention that because most closers are adjustable, and your Owners Corporation (O/C) may want to have them adjusted to get the best balance between proper door closure and any resultant noise.

Anyway back to your question, provided your O/C knows conclusively which Owner removed the original door closer, then YES it can invoice them for the costs of its replacement.

The best way to do that and to maximise the chances of a prompt payment is to:

1) Advise the Owner in writing of the O/C’s intention to invoice them for the costs, why, and that such unauthorised changes to the Common Property are illegal under Sect 65A of the NSW Strata Schemes Management Act (1996); and depending upon any response received (such as denial),

2) Include the amount as a separate line item on that Owner’s next invoice for their Levy Contributions, as in that way at least the cost will remain as a “debt against the lot” if and until it’s paid in full.

By the way, the Strata Manager is employed by the O/C and whilst any advice that they may give should be given proper consideration, at the end of the day they must act lawfully and in accordance with the O/C’s instructions.

A missing or disabled closer would presumably cause the building to fail its fire safety inspection — an unacceptable circumstance.  You should not be telling the managing agent this; any managing agent worth his or her salt should be telling the Executive that it has to be fixed at the owner’s expense.  If the owner then has to take it out of a tenant’s bond, so be it!

…and of course despite mandatory Condition Reports (tenancy) and pre-purchase inspections commissioned and/or personally made by the purchaser, none of the Owners or any of the Agents involved in the rental/s and in the sale process noticed that the door closer was missing; really?

Or is just a case of none of those worrying about it on the basis that a simple e-mail from the Rental Agent (who’s supposed to be a Property Manager) would see the O/C pick-up the tab!

I agree that due to the complications and possibly the cost it’s not worth pursuing, but it’s an example of what too often happens when Property Managers, some of whom really do precious little for their fee, are able to provide some justification by shifting the costs of Owner/Landlords’ maintenance to O/Cs via compliant Strata Managers. 

If this was a tenanted unit, then I agree with Whale that an outgoing condition report by the letting agent should have picked up the missing door closer, and the tenant should have been charged for it.  Although owners may squeal and protest when getting a bill for damage to or missing common property, they are the ones who engage letting agents, not the owners corporation.  If they employ duds, then it’s up to them to fight it out with their agents, and if necessary sack them and get a better one. Astute landlords also take out landlord insurance to cover them for damage to the building.

Interference with fire doors and their closers could result in a life threatening situation for other residents of the building in the event of a fire breaking out within one unit.  If such a door is left open flames and smoke could penetrate into the stairwell, making evacuation difficult or impossible. 

It probably should be mandatory for fire doors to be labelled that these are part of the building’s fire safety protection, and should not be removed or modified.

My SP (NSW) has the following as a special by-law, and we are surely not unique in this respect:

“SPECIAL BY-LAW 1 Essential Fire Equipment – Fire Doors”

1. This by-law applies to all lot owners.

2. Each lot owner has the right to replace and/or install the following:

(a) fire doors;

(b) locks on the fire doors, and

(c) door closers

3. The lot owner acknowledges that if the fire door, lock on the fire door or door closer does not comply with the fire safety requirements THEN the Owners Corporation may take steps to remedy that failure or non-compliance and in doing so the Owners Corporation had the right to:

(a) carry out all work necessary to perform that obligation;

(b) enter upon any part of the parcel to carry out that work, and

(c) recover the costs of carrying out that work from the owner as a debt …”

We have occasionally had to invoke it when unauthorised alterations have led to delays in the issue of the fire safety certificate required by the local council.