Question: We needed to check if a fuse had tripped. The strata manager confirmed the only key was unavailable. We needed to pay an electrician to gain access. Should easy access be provided for owners?
We had no hot water and needed to check if a fuse had tripped. Our strata manager advised the only person who had the key to the locked area was their father. He was away, and we needed to call an electrician with a master key.
Should owners pay an electrician’s call-out fee because the key wasn’t available?
We understand owners shouldn’t have a key to this area for safety reasons, but shouldn’t the strata manager have access?
Answer: Owners corporation are unable to restrict access to common property unless approved by a special resolution at a General Meeting.
While it is common practice to lock up your common property electricity cupboards, the owners corporation is unable to restrict access to common property unless approved by a special resolution at a General Meeting. Under their management agreement, the strata manager may be asked to keep the common property keys on behalf of the owners corporation to access these locked areas. The first question that comes to mind is why the key is not easily accessible in the strata manager’s office within their key register and why a third party has the key offsite, which could be a security issue in itself.
If the owners corporation is unable to provide immediate access to the common property meters and switches, the responsibility to ensure this access lies with the owners corporation. As a lot owner, you should not be burdened with the cost of a locksmith to provide this access.
Many schemes provide a key to the building manager or one or more members of the strata committee who reside on site to facilitate access. This may be worth discussing with your committee.
This post appears in the June 2024 edition of The NSW Strata Magazine.
Nathan Clarke
Hunter Strata Management
E: nathanclarke@hunterstrata.net.au
P: 02 4934 2022
We have no hot water at the moment and need to get into the area where the fuses are to check if the fuse has tripped as everything else seems to work. The strata manager advised the only person that has the key is her father who is away at the moment & i will need to call out an electrician who should have a master key. I feel that I should NOT have to pay a call out fee to an electrician cause her dad has the key and is away. She said strata will not pay for a call out fee either. This is very unfair. Where do i stand with this ?
I understand we all can not have a key to this area due to safety reasons but shouldn’t she as the strata manager have access ? Help.
Hi Irene
Nathan Clarke from Hunter Strata has responded to your comment in the article above.
We have also received this comment in via email from Tyrone Shandiman, Strata Insurance Solutions:
Strata Insurance provides cover for Public Liability which is for the owners corporation if someone is injured and takes legal action against the owners corporation. The lot owner who holds the key should be careful as a legal claim can be brought against them for injury as a result of providing access – such a claim may not be covered by the Strata Insurance as the policy only covers claims against the owners corporation (not individuals). The committee should always try to manage the risk of potential claims as a large liability claim may effect the ability to get insurance into the future.
If it is constantly tripping, then an electrician should look in to it. There is a risk to the Owners Corporation if someone suffers an electric shock (legal nightmare) because they started fiddling around in the box. I would not give the key to the tenant but if an owner lives on site and is part of the Committee, then they should have the key.
Personally this should be reported to the body corporate manager who will be able to keep a log and will be able to report back to the committee that IE, an electrician has been called out more than 3 times this month.
Are we able to get an article for Qld in relation to this topic? I am currently looking into this at the moment. Thank you
Thanks Deborah
I’ll look into this and see what I can find out!
Nikki
I will be a bit more specific in my previous message. I was recently informed that the QLD legislation says that a committee member other than the building mangers should have a key to the electricity box room and the fire alarm box for emergency periods. Under our building managers contract they do not work on weekends or public holidays and I had a triggered electricity box on a public holiday. If you could please advise the Qld legislation that i could put forth to the committee would be greatly appreciated.
Hi Deborah
We have received the following reply from Frank Higginson, Hynes Legal:
To me, this is more about a body corporate acting reasonably. There is certainly nothing in the BCCM legislation about the rights of committee members to access infrastructure, but if it is going to fail (no matter what it is), then the body corporate needs to put in place appropriate mechanisms to allow access if the sole holder of access is not around.