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