Flat Chat Strata Forum Common Property Current Page

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  • #7369
    HappyNow
    Flatchatter

      We have several lockable enclosures (large rooms), to which most of the owners within the complex do not have keys (there are 21 apartments in the complex)  The real estate agent has stated he provided us with all the keys in his possession, however none of those keys will open those doors.  We have approached the Exec Committee who have informed us that those enclosures are being used by one or two apartment owners as private storage space and therefore we are not entitled to keys.  The Chairman has also renamed a lockable common property enclosure to 'Maintenance Room' and has stored his building equipment in there (he was a builder prior to retirement).  We have requested keys many times and at the recent AGM the Strata Management representative as well as a solicitor present advised the meeting we were entitled to a copy of these keys.  What is our next step in order to gain access?  We have been waiting for these keys for 10 months now.  Can anyone tell us the specific legislation that relates to access to common property areas that we can quote to the Exec Committee?  We understand we do have the right to employ a locksmith at the Owners Corporation expense to have the locks changed and new keys re-issued to ALL owners however we would prefer not to take that path if we can avoid it.  It is a step we will take if need be.  The complex is new and now 12 months old since the first AGM was held. 

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    • #12772
      Jimmy-T
      Keymaster

        Owners – even EC members can't just annex common property areas for their own use.  They are effectively extending their lot space at everyone else's expense.  They would need a by-law to get exclusive use of common proeprty areas and even then they would have to compensate the other owners.

        Call Fair Trading on 13 32 20 to start the process that will lead to a CTTT adjudication.  Alternatively, sit down with them and work out a plan so that everyone in the building has access to storage, even if it means subdividing the storage rooms with cages.

        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.
        #12773
        HappyNow
        Flatchatter
        Chat-starter

          Thank you…will do

          #13031
          HappyNow
          Flatchatter
          Chat-starter

            Just letting you know our Fair Trade mediation is set for Thursday….thank you for your advice

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          Flat Chat Strata Forum Common Property Current Page