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