NSW: What power does the owners corporation have to enter a lot when the lot owner refuses access for repairs?

Question: Repairs need to be carried out in a lot and the lot owner will not allow access. What power does the Owners Corporation have in these circumstances to enter the lot?

One owner in a block of 8 units is refusing to allow access for a plumber to fix a leaking cistern and taps. He is also ignoring emails and failing to answer his mobile. As the block has a shared water meter, all owners are paying for water charges which have more than doubled in 2 years.

What power does the Owners Corporation have in these circumstances to enter the lot?

Answer: The owners corporation may enter the lot in the case of an emergency, without the consent of the occupant.

Division 4 Powers to enter premises and carry out work: 122 Power of owners corporation to enter property in order to carry out work

Section 122 of the Strata Schemes Management Act (SSMA) provides an owners corporation with powers to enter a lot to carry out work.

Under subsection (3), the owners corporation may enter the lot in the case of an emergency, without the consent of the occupant. An emergency could be a threat to health and safety or damage to property.

124 Orders by Tribunal relating to entry to carry out work or inspections

Under subsection (4), if it is not an emergency, the owners corporation can only enter with the consent of the occupant. If the occupant refuses to give consent, orders must be sought from the NSW Civil & Administrative Tribunal under section 124 of the SSMA. At the same time, the owners corporation might consider seeking orders for a penalty infringement notice (‘PIN’) to be issued against the occupant as subsection (5) provides a maximum penalty of $550 for obstructing or hindering the owners corporation.

Finally, subsection (6) clarifies that the owners corporation must remedy any damage caused in the process of carrying out the work, or entering to carry out the work, unless the owners corporation was obstructed or hindered (however, note that the owners corporation must still repair and maintain its common property).

Tim Sara
Sara Strata
E: tim@sarastrata.com.au
P: 04 8500 7960