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I live in a 200+ resident village spread over 18 buildings. Garage door locks are not the same in each building. In my building the only lock is given by the Tilt-a-Door mechanism, controlled by key or electronically. The usual handle in the middle lower part of the door is not connected to anything. The Exec.C'tee says that as the mechanism is inside the garage, fixing it is my responsibility. I say they have to provide a lock, and as this is all there is, then they should fix it. Arbitration please.
sandyp
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Taking the door closure mechanism inside many apartment front doors as an example, it's considered common property and has to be maintained and repaired by the Owners Corporation. Whether garage doors are the same, I don't know but that would be the starting point of my argument.
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.
I agree with Jimmy T – the maintenance, repair, and replacement of anything on or in common property (which your garage door is) is the responsibility of the Owners Corporation.
BUT —- the centre locking mechanism is usually removed when a garage door is automated, simply because of the resultant damage that would certainly arise if someone used the automated opening mechanism when the door was locked; ouch!!!
I'd be inclined to leave the whole door as it is.
Hi Sandyp
I think Whale has provided a very practical answer to your question.
However, for completeness and assuming the car space in the garage is lot property, the determination of whether an adjoining structure such as a garage is common property depends upon whether one of the seven symbols or statements of intent commonly used by surveyors on strata plans will indicate if these areas are common property or part of the car space.
For example, is there a drawn dividing line the car space to the garage?
In order to advise with finality, I’d need to see the strata plan .
Chris KerinSenior Lawyer
———————————-Each individual unit in our complex has their own garage door. They are only opened/locked by remote control devices (with an additional switch inside). We refer to the model strata by laws for problems with the opening mechanism where it states that locks are the responsibility of the individual owner except in the event of a break in.
The actual garage door is of course common property. But we believe the device to open and close (remote and mechanism) is an owners responsibiity.
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