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Topic
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We’re a self-managed Plan of 31 Units.
As Secretary, my problem is with a Real Estate Agent
who as the Property Manager for seven (7) Units within our Plan, seems to have
no process in place to effectively safeguard unit keys, common property keys,
and security access cards.The keys are to the entry doors of individual Units and
to common property areas, and the security access cards are specifically allocated
to those same UnitsThis is the third occasion within two (2) years where
an Owners Corporation audit of all security access cards and common property
keys on issue has revealed that this Agency has lost a number of those, and has
misallocated others after removing them from one Unit’s key ring and placing
them on another!!This situation compromises the security of our
Building, and creates costs to the Owners Corporation through the purchase of
additional common property keys (restricted), and as the serial numbers of lost
/ missing access cards have to be removed from the security control system, and
replacements have to be purchased and enrolled on that system.Our Plan has a security deposit on common property keys
and security access cards, but that does not cover the Owners Corporation’s costs
of rectifying the frequent key / card losses by this Agency!Right now, the Owners Corporation is in a stalemate
situation, as this Agency / Property Manager will not pay the costs of
replacing lost items, presumably because it’s reluctant to show that cost on
Proprietor’s Statements, and we won’t issue any more until they do pay.Does anyone know if there is a provision within
Property Management Agreements (NSW) that requires Agencies to keep a key register
or similar to safeguard Common Property Keys and Security Access Cards?If so, is it drawing too long a bow to classify all unit
the entry keys as Common Property; after all the locks to those doors are Common
Property?So after that long-winded explanation, I’m open to
suggestions about how best to manage this problem.Cheers – “The Whale”
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Replies
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Hate to admit it but the industry both Strata and Property Management is not well supported in the area of key control by the IT systems which we use daily.
The Property Stock and Business Agents Act confers a duty of care (over keys) on property managers, as far as I know there is no specific section in the agency agreement or PSBA Act about key control.
While the locks are common property I have never heard of a building taking control of all entry door keys – you would want to think this through as doing so may leave the OC liable if there was a property loss.
Strata Manage IT.com does have a full access control system built in – look at that.
I agree with your blunt assessment of Real Estate Agents.
Have you thought about contacting the owner/s of the properties? Though it sounds like they are pretty hands off, they may be interested to hear about the performance, or lack thereof, of the agent they have appointed to manage their property/ies. If teh agent is slack with keys, they are probably slack with vetting tenants, collecting/returning bonds, repairs etc leaving a whole bunch of dissatisfied tenants and increased costs for the owner (who probably thinks the amount of fees they are being charged is normal – not due to the lack of care taken by the agent). The owner is probably being charged quite a bit for “service” from this agent, and may be interested to hear about the problems that have occured. If you have a good property manager in your building, why not recommend them to the owner/s with the dodgy agent?
Sorry I don't have any legal solutions, but hopefully a practical solution may suffice.
Good luck.
Warm regards, S Jones
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