Question: As a frail and elderly citizen, I’m concerned about contractors accessing my lot to carry out common property repairs. Do I have to allow access?
Contractors need to erect scaffolding in my private courtyard to carry out remedial work on the building. I’m a frail elderly citizen. I’m concerned about contractors accessing my lot. Do I have to allow access?
Answer: You must give consent.
Yes, you must give consent to enable the owners corporation to carry out its repair and maintenance functions under the strata legislation. If you do not, the owners corporation may obtain orders from the Tribunal to compel you to provide access and incur a penalty if you obstruct or hinder their works.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #750.
If capital works fund is being used for repair does the lot owner to which repair relates, does the lot owner get a choice of contractor? Argument is picking the most economical repair lowest cost burden. The lot owner wants the more expensive as wants to use a certain contractor. Owner feels they get a choice in contractor but why does capital works have to pay for a more expensive repair?
We are part of a fairly new complex which has rendering on the common property gardens and on our front porch area. The rendering is deteriorating and Strata have had a report say it needs repair. I have asked strata about maintaining this area as at the moment it is not in keeping with the appearance of the lot. The committee have gotten quotes to fix the rendering but have said it’s expensive and are now taking it to the AGM. If it gets voted down, is there recourse through Fair Trading or another NSW body to order the rendering be fixed or can it just be left to further deteriorate as owners voted not to repair it as it did not affect their lot directly?
Hi Kerrie
This recent recording of a webinar about the duty of owners corporations to repair common property should help: NSW: Water Leaks, NCAT and Common Property – Is the Owners Corporation Responsible?
I own a unit which contains a planter box and which is part of my lot.
The Owners Corporation keeps demanding that I reinstate specific plants that were in that planter box before. The plants which are currently in the planter box don’t interfere with common property – everything is within the boundaries of my lot.
How can I make the owners corporation stop demanding that I plant specific plants in my planter box?
Hi William
Leanne Habib, Premium Strata has responded to your comment within this article: NSW: Q&A Which ByLaws Apply to Our Strata Scheme?
If a building uses access fobs for the front doors and elevators to restrict access, if a fob becomes faulty over time or stops working – can strata enforce that you pay the cost for a replacement?
Accepting that Strata can access a Lot for, say, plumbing works in what form does notice need to be given and/or reasons provided to the Lot Owner (assuming not an emergency)? For example, does a plumbers quote suffice? And what might constitute an emergency (other than the obvious to any reasonable person)?
There is a (stormwater) pipe attached to the rear and ceiling of my car parking spot (and what appears to be airconditioning ducting is also in this area) and it is blocking my ability to put a storage unit in that space.
I have asked for the pipe to be moved but the Owners’ Corp have told me I would need to pay for this?
Can this be done when the common property (pipe and ducting) are interfering with my use and enjoyment of that part of my lot?
Hi Michael
The following response has been provided by Leanne Habib, Premium Strata:
The items to which you refer appear to be common infrastructure which were likely there at the time of registration of the strata scheme and is also likely noted on your strata plan. The boundaries of a lot will generally go around the common infrastructure.
‘Can other lot owners walk through my car parking space? Answer: No. Technically this is trespass’
when I studied law at uni I was told that trespass depended on notification
i.e. it is not trespass for a postman, parcel deliverer or visitor to walk through your front garden and knock on your door
but if you ask them to leave and they do not leave without delay, then they are trespassing.
unless you have a sign in front like ‘no trespassing’ – to discourage people from even entering
an open car space in a shared common property garage – I think you’d need to clear notification like 3-4 ‘No Trespassing’ signs facing all directions, and then add CCTV cameras to catch trespassers – which frankly sounds silly.
How is this for a problem in strata.
In your car space, if it is your cubic space on the title, if you call the police for trespass they will tell you it is a strata matter.
If the trespass is in your cubic space inside the part you live in then police will come and act.
Both trespass in your lot space but two different outcomes. And try explaining your car space and your inside space are both lot space to the police .. good luck.
All comes back to the Inclosed Lands Act and that it does not account for open lot space like a parking spot.
Was not a lot of strata title around when they wrote that Act and keeping up to date is not something Macquarie St is known for.
Check your bylaws. It may be that existing bylaws show that ‘ two keys per unit ‘ are provided by the Strata Company at no cost. Additional Keys for a fee. It is worth to ask for additional Keys again and the price per Key.
If they refuse ( Strata Manager ) or don’t respond – it’s then time to involve the Tribunal.