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Topic
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In July this year, I came home in the evening to find that I could not get my key to turn in the front door lock. It was about 8pm so I called a local locksmith who came to my place about 9pm. He told me that the lock had failed and tried to open the door using a wire. This did not work so he ended up drilling the lock out.
He told me that I should be able to claim the cost for his service from the strata company that manages our complex. The cost was nearly $312.00.
I have sent the receipt for this to the strata company that manages our apartments and have asked to be reimbursed for this cost as the front door lock is part of common property. The strata company has told me that they will not reimburse me for this cost because they did not engage the trades person for the works.
I think this is unreasonable as this happened at night and I did what I needed to do to gain access to my apartment. It did not occur to me that I would need to call the strata company. What are the rules for this type of situation? Am I right or are they?
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Replies
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You’re right. If an owner has to get a tradesperson out of hours to fix common property it is still the OC’s responsibility to pay for it. What you did wasn’t unreasonable, you had to get into your property. Perhaps you should ask the manager whether they are ok with you calling them at 9pm so they can fix your lock.
I am presuming it is the original lock so still the responsibility of the OC.
I would also just check to make sure there isn’t a list of emergency tradie contacts on your notice board. If there isn’t, then what ScotlandX says is absolutely right. If there is, you may have to put up a bit more of a fight (but you should still prevail).
However, if they say tradies are listed in your By-laws, or any other document, you can reasonably argue that you’re not expected to carry that with you.
Apply for mediation and if they still won’t pay up, make a claim at the Small Claims Court
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.
If there is no notice, use your phone to take a photo of the noticeboard, in case one mysteriously appears in the interim.
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 the posts above and have a suggestion.
If there is a notice posted in your building of preferred tradesmen, call that locksmith indicating you are considering changing a door lock. Ask, “what would be the fee for service call, labour and materials, after hours”?
Note that quote somewhere.
If there is no such posting of tradesmen in your building, call any locksmith in your area and ask as above.
Ideally the two quotes you receive will be close to what you were invoiced, thereby demolishing the strata’s position.
If so, offer the quotes at Mediation.
The entrance of the building or the entrance for your unit?
The entrance of the building or the entrance for your unit?
That shouldn’t make any difference – they are both 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.
Result! Thanks for letting us know. More than 1000 people a day read this website so you never know …
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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