Question: Our chairperson resigned months ago and still hasn’t returned keys. We prefer to get the keys back rather than pay to change every lock.
Our previous chairperson resigned because they were making decisions on their own, and they knew we were planning to vote them out at a meeting.
A few months later, we noticed that the chairperson never returned their keys. They hold all keys for the complex.
What can we do to get the keys back? Changing all the locks would be very expensive.
Answer: The owners corporation can issue a formal notice under section 181 requiring the keys to be returned. Failing to comply is an offence.
This is a frustrating situation, and unfortunately not uncommon. Common property keys, whether physical keys, fobs, or access cards, are the property of the owners corporation (OC). A former committee member has no right to retain them after their role has ended, and the longer this drags on, the greater the security risk to your building.
Start with a formal written demand
You’ve already asked verbally, which is a good first step. Now it’s time to put it in writing. The secretary of the committee (or strata managing agent) should write to the former chairperson, on behalf of the OC, demanding return of the keys by a specific date. Keep the tone professional and factual with no accusations, just a clear statement that the keys are the property of the OC, that their role as chairperson has ended, and that they are required to return them by [date]. Keep a copy of everything.
Sometimes a formal letter from the strata managing agent or from a solicitor achieves results where a casual request doesn’t.
If they still refuses
The law gives the OC some teeth. Under section 181 of the Strata Schemes Management Act 2015 (SSMA), the OC can give written notice to any person who has possession or control of property belonging to the OC, including records, documents, and physical property, requiring them to deliver that property to a specified committee member. Failure to comply with that notice is an offence under the Act.
In plain terms: the committee can issue a formal notice under section 181 requiring her to hand back the keys. If she ignores it, she may be committing an offence.
Mediation, then NCAT
If the section 181 notice doesn’t produce results, the next step is to apply for mediation through NSW Fair Trading. NSW Fair Trading offers a free strata mediation service, and mediation is generally a required step before you can take a strata dispute to NCAT. You must attach a mediation certificate to your NCAT application unless you are exempt.
If mediation fails or is refused, the OC can apply to NCAT for an order requiring the former chairperson to return the keys. An order from NCAT is legally enforceable.
What about costs?
If this matter ends up requiring legal steps, it’s worth keeping records of all costs incurred, including any security measures you’ve had to put in place in the meantime. If the former chairperson is ultimately ordered to comply, the question of who bears those costs may be something NCAT considers depending on the circumstances.
A note on security in the meantime
While you work through this process, it’s worth the committee formally documenting, in meeting minutes, that the keys have not been returned and that the scheme faces an unresolved security risk. This creates a paper trail and demonstrates that the OC has been acting responsibly.
Changing the locks is expensive, but if the situation drags on for an extended period and the security risk is significant, it may ultimately be the most practical solution, and potentially one you could seek to recover costs for down the track.
This post appears in the September 2026 edition of The NSW Strata Magazine.
Tim Sara
Sara Strata
E: tim@sarastrata.com.au
P: 04 8500 7960
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