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Topic
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Hi Flatchatters,
This may seem like a simple question.
I have a client in a commercial building whom does not have a car space in the basement.
His security card does not allow access to the garage door but does allow access to the basement via the lift for rubbish etc.
The client claims he is being denied access to a common property door, ie the garage door.
If possible could someone let me know the section of the Act which covers this situation.
Can an OC deny access to the garage door if the client does not have parking?
Thanks in advance
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Replies
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Luke – there’s nothing in the NSW Strata Schemes Management Act (1996) about occupants’ rights to access Common Property, but that right is implicit in the Owners’ title documents and in Tenants’ Agreements with those Owners.
It seems to me that your Client wishes to access the basement parking area in order to park there illegally, and in those circumstances I believe that your actions are entirely appropriate.
Being denied access to a garage door can’t be construed as being denied access to Common Property, as clearly your Client has access – just not by the means that he/she prefers!
In order to both sure-up your position and to properly and consistently define your Owners Corporation’s requirements for the security of its property, it would be well advised to seek some advice on the drafting of a Special By-Law covering that, and to put it as an item for consideration (as a Special Resolution) by Owners at the next General Meeting.
Whale, what a well thought out and articulated answer!
I agree with and love the statement “your Client has access – just not by the means that he/she prefers!” which goes to the heart of the matter.
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