- This topic has 4 replies, 5 voices, and was last updated 6 months, 2 weeks ago by .
-
Topic
-
Hi
I’m the secretary of a strata of 28 units in NSW. The complex has a common toilet in the same small block as the electrical switch room. We have had to install a keycoded lock on the toilet door as it was constantly being vandalised – full toilet paper rolls being flushed, soiling, etc. The code is only known to committee members. There are only two lots that ever request access to the toilet for trades people working in their lots.
These lot owners are prior committee members who were not re-elected at the last AGM and are generally rude and abusive. They waste committee time and make ridiculous demands constantly.
As no other lots owners ever use the toilet and the cost of cleaning, restocking and any repairs are borne by all lot owners, it has been proposed that we remove the toilet completely. Is this something the strata committee can decide? Would it have to go to an AGM or EGM? Would a special bylaw have to be made?
Appreciate any answers as these former committee members are using the current committee as sport, getting us to run up and down to open and close the toilet.
-
Replies
-
Wouldn’t the simplest thing be to just recode the lock and don’t tell the old committee members? You never know when your “tradies'” toilet might be very useful again. Also, there seems to be a lot of anger in your scheme – isn’t that the main issue here?
But to answer your question, you may need a special resolution (same voting threshhold as a by-law) because you are radically changing common property.
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.
We have a common toilet in our block and I’d be reluctant to remove it. We recently had a tradie crew on site for 8 weeks and they were working in dusty, dirty areas of the property – I wouldn’t have wanted them using the toilet in my apartment.
You never know when you’re going to need a crew on site for a lengthy period – replacing the roof, the lift, rendering – all lengthy jobs. I suggest keeping the toilet and taking a photograph before and after any use by the belligerent lot owners so that there is evidence of who has caused any damage. You could create a by-law to the effect that damage to the toilet and it’s little room is to be paid for by whichever lot requests that the toilet is unlocked for their tradespeople. That might make your belligerent lot owners think twice about requesting that the toilet is unlocked for their tradies. Might be less of a “sport” if they know they will be held financially responsible for any damage during the period of access. And “responsible” can include both a fee to correct any damage (eg. blocked toilet) or a cleaning fee if it’s left soiled.
Tradies might be up in arms over my response, but they can be not the most tidiest of people when it comes to using the lavatory so laying the blame of ‘financial responsibility’ on the culprit may not be as easy as it sounds. My experience is that they leave the door open when they leave for the day anyway, so any passers-by could use and soil the toilet. I suggested to our last lot of tradies that they 1. walk 50 metres to the public toilet in the park at the end of the road. 2. Go to KFC and use their toilet. 3. Go to the service station 50 metres in the other direction and use their toilet. 4. My toilet in my apartment is not available for them to use.
We have had a similar issue, and have the toilet door code displayed on the Notice board (located inside a foyer, so only visible to residents and visitors in our security building).
But what you are doing is problematic under strata law. The toilet is common property, so all owners and residents have the right to use it equally. You can set rules (eg, door code only available to workers on request), but those rules must be in a by-law registered and updated as a special resolution at a general meeting. You cannot legally discriminate against some owners, or just give a small group of owners rights that you deny to others. In strata, it’s all in, or all out, no exceptions.
Similarly, shutting down an asset of the building, by closing the toilet, requires a special resolution at a general meeting of all residents. A special resolution needs a majority of owner to vote for it, but fails if a quarter (ie 7) owners vote against it. You might be lucky, to not get 7 owners not to oppose the motion, but in the future some owners will get annoyed to see a toilet they can’t use, and will agitate for its reopening. Note that if you have a swimming pool or gym or the like then you might need to make a toilet available under other legislation, I believe. You development application might also specify the toilet is required…
My suggestion is to create a by-law for its use. Such as the door to have a coded lock, the code to be changed yearly, and to be made available to the strata manager, office holders of the strata committee, and any owner who requests it, with a good reason. Or perhaps to display the code on the building notice board only visible to residents. Also, this is a good opportunity to consider installing CC TV cameras. We have them and they record the common area outside the toilet, so anyone using the toilets is recorded. A notice that there is surveillance, will improve resident’s behavior generally, in our experience. Plus it can be used to identify vandalism, if you are lucky with catching when it occurs.
- You must be logged in to reply to this topic.