Question: Some residents in our building have stored items in their allocated underground car space. There is no bylaw prohibiting this. Does the Owners Corporation have a right to enter a private car space and remove stored items?
Our strata plan has an underground car park with allocated car spaces for each lot. Where there is room, some owners have utilised the car space to store personal items in addition to a motor vehicle.
There is no by law expressly prohibiting utility usage or storage. There is a model bylaw prohibiting lot owners from keeping items within their lot that detracts from the appearance of the common property.
Does the Owners Corporation have a right to enter a private car space and remove stored items?
How is the stipulation ‘detract from the appearance of common property’ governed, since this may be a subjective assessment, especially if the area is underground as in a garage area?
Answer: An Order from NCAT is required to grant access to a lot by the Owners Corporation.
In our view, even if the by-law did stipulate the Owners Corporation’s power of entry on a private car space, in case of items being stored which are “not in keeping with the appearance of the building”, this power would likely be unlawful, because save in case of emergency, an Order from NCAT is required to grant access to a lot by the Owners Corporation.
In terms of subjectivity, we understand there is case law that the Owners Corporation must act reasonably on the materials then available to it, not whether the reasons for its decisions are objectively reasonable.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440