Question: The OC want to erect scaffolding in my courtyard to repair the balcony in the unit above my townhouse. Can I refuse access to the Owners Corporation?
I own a townhouse that is tenanted. The OC want to erect scaffolding in my courtyard to repair the balcony in the unit above my townhouse. My tenant will lose access to the courtyard for approximately 1-2 weeks.
- Can I refuse access to the OC?
- If my tenants request a rental subsidy because they can’t access the courtyard, is the OC responsible for this shortfall?
Answer: If access is not allowed, the Owners Corporation may make an application to the Tribunal to gain access.
The owner should be encouraged to allow access to the Owners Corporation, especially in circumstances where the Owners Corporation is taking steps to comply with section 106 of the Strata Schemes Management Act 2015.
In the event access is not allowed, the Owners Corporation may utilise section 124 of the Strata Schemes Management Act 2015 and make an application to the Tribunal to gain access. The work falls into the category of the works below.
The Tribunal may, on application by an owners corporation for a strata scheme, make an order requiring the occupier of a lot or part of a lot in the scheme to allow access to the lot for any of the following purposes:
- to enable the owners corporation to carry out work referred to in section 118, 119, 120 or 122 or to determine whether such work needs to be carried out,
- to enable an entry or inspection referred to in section 122 or 123 or Part 11 to be carried out.
- This section does not limit the power of an owners corporation to enter a lot under this Division in an emergency without applying for an order.
Section 119 relevantly provides:
- An owners corporation for a strata scheme may carry out work that is necessary to rectify any of the following defects:
- any structural defect in any part of a building comprised in a lot in the scheme that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,
- any defect in any pipe, wire, cable or duct that provides, or through which passes, any water, sewage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil or other service (including telephone, internet, radio or television services) within a lot.
If the loss of rent claim relates to a building defect claim, the Owners Corporation may defer compliance with its obligation to maintain and repair common property pursuant to section 106 of the Act. The owner could look into their insurance policy.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486