Question: Is the Building Manager authorised to give tradies a master key and unsupervised access to apartments?
We believe that the Building Manager has been giving the master key to tradies so that they can access unattended units to carry out work. Recently, during pest control at the building, a number of lot owners came home to find unsupervised works in their apartment, that someone has been in the apartment or were in the apartment when a pest controller walked in. In all cases, no notice of the work or request to access the lot had been provided.
There is an obvious security issue here. Is the Building Manager authorised to give tradies a master key and unsupervised access to apartments?
Answer: The only instance in which the body corporate may enter a lot without permission is in the event of an emergency.
Unauthorised access to a lot is a significant concern and may even be a criminal matter. If you feel strongly enough about the situation you, could report it to the police. At the least, I would engage the Committee and your body corporate manager and move to have the practice stopped. You could also write directly to the building manager advising that they are not permitted to enter your lot.
The only instance in which the body corporate may enter a lot without permission is in the event of an emergency. Those occasions should be rare, and it should be clear why the body corporate has acted when it did.
Otherwise, the conditions under which the body corporate may seek entry to a lot are well-regulated. As a minimum, a notice of entry would usually be required. Even if provided it is unusual to seek entry without owners granting permission and in most circumstances this wouldn’t be a recommended practice.
You can read more about the regulations here: Entering a lot or exclusive use area
Your by-laws might also contain information about circumstances about when the body corporate can enter your lot.
If a lot is refusing access for some reason the body corporate can seek a forced entry, but there is a legal process around this and due notification has to be supplied.
Is there a reason why the manager is extending their authority in this way? Perhaps it is an ongoing practice that has never been challenged? Maybe they are misinterpreting the law? Or are they just used to overstepping and pushing people around? It would probably be helpful to find out why they think it is OK.
This post appears in Strata News #619.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
We are the Letting agents at a strata titled property and committee members requested access a master key system for the 36 units. This has not been raised at an agm nor have owners been asked so no owner approval has been given. As the signatories on the locksmith records we have given permission for these committee members to have keys cut for their own units and no-one else’s (the unit numbers were specified when they signed the permission forms). Our permission was very clear to the locksmith and to the members.
It has come to our attention that the chairman and another committee member have somehow managed to get a copy of the master key cut today – meaning they now have access to everyone’s units including our own, and they also have access to our reception/office – meaning they have access to owners and customers private information including phone numbers, addresses, emails, bank accounts, credit cards etc.
What do we do? When I raised concerns and told them as a letting agent we never gave approval and they don’t have owner approval i was told “we see it differently” and was hung up on. This is clearly unacceptable and I would think a breach of the code of conduct for a committee member as well. How do we proceed.
We are under Building format. Each unit has the screen door and the entry door. Locks are the same to be opened by the same key. After reading Qs and As I would like to understand, wheter the screen door and the door to the unit are the common property?
If yes, would be the cleaning the screen door and the door /not a part of the door inside if the unit/ responsibility of the body corporate?
The screen and entry door are likely to be body corporate but you should ask your manager to confirm this. In terms of cleaning, in building format plans the body corporate is usually responsible for cleaning the hallways. Vacuuming carpets and perhaps occasional washing of walls. I don’t suppose many cleaners would specifically clean screen doors as generally, it would seen as owner’s responsibility. Maybe you could argue that’s boy corporate responsibility but you also have to think about the costs – are owners happy to pay for this service? They might also ask why the door needs specific cleaning – are you talking about anything more than an occasional wipedown. Maybe raise the issue with the Committee and see what they think.
My apartment is in a small block of 8 units. In Brisbane. There is a 4 member strata committee and no on-site management. There is a master key for all the common areas kept in a key box by the front door for cleaners and gardeners and the like. On completion of the development the developer handed over 2 master keys which allow access to all areas including into every apartment. The 2 keys are held by strata committee member in a drawer or cupboard in her apartment. I can’t see the need for these keys and I’m not happy that when we are away we can lock up but our apartment is not really secure at all. I have been told we cannot replace the front door lock with another one which is off the system without strata approval. Is the strata committee compelled to hold a master key to allow entry to everyone’s apartment?
Kim
There is no compunction to have a master key. In fact, the BC is not permitted to have a master key to your front door WITHOUT your consent. The security of your property is paramount. Have a look at Trafalgar Towers [2004] QBCCMCmr 153 on austlii.edu.au. (This decision has been consistently followed by the Adjdrs, but enthusiastically ignored by most BCs unless challenged by an owner.).
NB: The BC may be permitted to have a key – as distinct to a master key – to your front door without your consent. It depends on who owns your front door. If your Scheme is registered under the Building Survey Format, the BC is entitled to a key because the door ‘belongs” to the BC.
But having a key, any key, does not give them a right of access.
You may have to negotiate some cost sharing arrangement with the BC if you want to have your lock deleted from the master key ?
We have had three instances where plastic water pipes linked to refrigerators have failed and flooded the Lot. On one occasion, that happened in the late evening while the Lot Owner was “out on the town” and the Building Manager away for the weekend. Leak was discovered when water began to flow over the Lot’s balcony onto to the common area. No one on site at the time had a master key. Lot Owner was called but took over half an hour to get back to the Lot. By that time the leak had penetrated three Lots below the leaking Lot. Insurance Claim and consequent disruption was enormous.
A second Mater Key held by a Committee Member would have increased the possibility of providing access to the Lot to stop the leak but there was no guarantee the Committee Member would.have been on site.
Lesson learned? Don’t install refrigerators that require a water supply!
Could you please explain if a master key is held by a responsible body corporate member
will this effect our insurance either for the body corporate and individual owners.
Sincere thanks in advance.
Hi Gary
Frank Higgins from Hynes Legal has replied to this question in the article above.
Hi Gary
We have replied to this question in the article above.
Our caretaker gives a master key to contractors and cleaners when work needs to be done in a unit. On at least two occasions recently two different persons have entered a unit belonging to resident owners. Other owners now wish to install deadlocks to ensure privacy. Does the BCC need to be informed, and are the doors common property as is suggested above. What can the BCC do to stop the caretaker being so casual with master keys.