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A bike has been locked to one of our internal stairs blocking clear access to the fire extinguishers in our hallway. I think it should be removed as soon as possible as it presents a safety hazard. Our strata manager said we need to provide 14 days notice before removal. I understand this in a situation where we could move to bike to somewhere safe, but as it is locked there, are we to put up with the hazard and risk for 14 days just so this person doesn’t have to buy a new lock? Any similar experiences?
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I was about to cite section 43 of the Act – the “move it or lose it” clause, but it has been repealed.
However, I think the owners corp has an overriding responsibility to maintain access to fire safety equipment and if this bike is blocking it, I would move it now and let the bike owner choose between wearing the cost of a new lock or facing action for endangering the residents of the building.
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I was whingeing in the Flat Chat newsletter that nobody told me that Section 43 had been repealed and I got this from my good friend Amanda Farmer of Yourstrataproperty.com.au:
Hey, I let you know!
She included this link to her website, by way of proof, and went on to say …A ridiculous repeal. The College of Strata Lawyers submission to the review panel will call for reinstatement.So there – I sit corrected.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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