Question: If owners do not comply with a fob audit by the due date, can the owners corporation deactivate their fobs?
My owners corporation would like to undertake an audit of access fobs to all apartments. They have requested all owners and residents cooperate.
They stated that if owners do not comply by the due date, the owners corporation will deactivate their fobs, obstructing access to the building, lots and elevators. Residents cannot enter or exit the garage without a fob.
When I purchased my apartment, I also purchased additional fobs. Does the owners corporation, via the facility manager, have the right to deny access to the building and my apartment?
Answer: The owners corporation has no legislative power to deny a lot owner access to their lot.
The owners corporation has no legislative power to deny a lot owner access to their lot. Access is a fundamental property right.
Arguably, the owners corporation could pass a by-law detailing how they will conduct and the consequences of failure to comply (e.g. fob deactivation). However, based on recent case law, such a by-law would likely be invalidated on the basis that it is harsh and/or oppressive.
This post appears in the August 2025 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
What about the situation where the key safes are portable and not permanently attached to any common property . The portable safe is removed each time a guest checks in and taken inside and is not left out on the door .
Hi Deborah
We have a Webinar coming up in a few weeks with Jake Sharp from MIMOR: Solve Airbnb / Trade Access Issues & Improve Safety in Your Building
With short stays from Airbnb, Stayz, etc continuing to be an issue for buildings across Australia, Jake will show you how to minimise the need for key safes being stored at the front of buildings, or more alarmingly, lock boxes being accessed on the street or via the corner shop!
If you’d like to join us for this session, you can register here: https://us02web.zoom.us/webinar/register/WN_M4vJUDnaRPiqL-PI68E-eQ
A small apartment block, with remote door access from each apartment, during covid-19 19 can the Strata Committee prevent deliveries being granted remote access to leave parcels into the secure common property foyer?
Thank you for your reply but it is the electronic security that I am concerned about. There are 3 points of electronic security even before getting to my front door. The issue of entering my apartment door has been resolved.
There is a real need for Strata to resolve the issue of access to developments where there is electronic security, after hour hours in an emergency. This has been done in other apartment blocks. Locked boxes in an open letter box places the mail at risk of being stolen.
Failure to resolve this issue has the potential to placing lives at risk.