If requested by an owner, what is the owners corporation responsibility for installing a disability auto door for access in a VIC strata scheme?
My husband and I are owner/occupiers in a 300+ unit building. My husband is bilaterally upper limb disabled (hands, wrists, fingers, forearms).
We have requested a self-opening door into our garage level. The owners corporation committee has denied the request, and we were told we “should have chosen a more appropriate location to live”. Is the owners corporation responsible for installing a disability auto door for access to the garage/vehicle?
Also, we are wondering who is responsible for our apartment door. Is this our or the owners corporation’s responsibility.
A lot owner requiring disability access improvements can approach the owners corporation with a request for reasonable adjustments.
A lot owner requiring disability access improvements, such as installation of an automatic door for access to the garage, can approach the owners corporation with a request for reasonable adjustments. The owners corporation is obligated to consider and, where reasonable, implement such modifications.
If the owners corporation refuses to fund or undertake the installation, the lot owner may propose to carry out the modifications at their own expense, subject to approval by the owners corporation. The owners corporation must not unreasonably refuse permission for such alterations. In Owners Corporation OC1-POS539033E v Black [2018] VSC 337, the Court established that owners corporations have a duty to accommodate disability-related needs, either by making necessary adjustments themselves or by allowing lot owners to do so.
Responsibility for your apartment’s entry door depends on your plan of subdivision. If the door is inside your lot boundary, you are responsible for it. If it is on common property, the owners corporation is responsible, but they can recover the cost from you if the repair mainly benefits your lot.
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Leila is an experienced Victorian strata lawyer with over 15 years of dedicated practice in owners corporation law. As a partner at Grace Lawyers, she leads the Owners Corporation practice group in Melbourne, providing strategic counsel and representation to a diverse clientele.
Leila represents owners corporations, members, office bearers, managers, service providers, and insurers in all strata and community title matters. Her clients also include developers, hotels, and not-for-profit organisations involved in strata development. Her expertise encompasses governance, compliance, dispute resolution, and litigation, ensuring effective resolution of conflicts and regulatory adherence.
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