A unit only occupied a few weeks a year had a water leak — should the strata manager hold a key?

Should the lot owner be levied to pay for their share of the excess water and the plumber's bill? A few sections of the Strata Titles Act 1985 (the Act) need to be considered. Section 94 of the Act details the power of the strata company to carry out work.

94. Power of strata company to carry out work

1. If a notice issued, or order made, under a written law has been served on the owner of a lot requiring that owner to carry out any work on or in relation to that lot and the notice or order is not complied with, the strata company may carry out the work.
2. A strata company may carry out work that an owner or occupier of a lot fails or neglects to carry out if the work is 
   1. required to be carried out by that person under a term or condition of exclusive use by-laws; or
   2. necessary to remedy a contravention of a duty that the person has under a statutory easement.
3. If an owner or occupier of a lot fails or neglects to carry out work on or in relation to that lot required to be carried out by order of a court or tribunal, the strata company may carry out the work specified in the order.
4. If the strata company carries out work under subsection (1), other than work performed for the benefit of the scheme building generally, or under subsection (2), it may recover the cost of so doing, as a debt in a court of competent jurisdiction.

The above section details the requirement to issue notice to the lot owner to carry out any work. For example, the lot owner should have been notified of urgent works / a leak was occurring and to take action. If the owner was notified of the leak and no action was taken, the additional water costs and the plumbing account can be attributed to the lot.

Should a key be provided to the strata manager? There is no legislation in regards to this. If your scheme has the standard Schedule 1 by-laws, they note the following regarding lot owner's requirements:

Schedule 1 Governance By-Laws

Duties of owner

1. The owner of a lot must — 
   1. immediately carry out all work that may be ordered under a written law in respect of the lot other than such work as may be for the benefit of the building generally and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of the lot;
   2. maintain and repair the lot, and keep it in a state of good condition, reasonable wear and tear, and damage by fire, storm, tempest or Act of God excepted.

Given there is no law that states how long a property can be vacant or that access should be provided to the strata manager, I suggest the strata company write to the lot owner to make them aware of the water leak and ask them to provide an emergency contact or emergency access option. It would also be prudent to check if your insurance policy covers periods of vacancy and advise the lot owner. In addition, you can notify the lot owner that the strata company does have a right to enter the parcel as per Section 95 below.

95. Power of strata company to enter any part of parcel

1. A strata company may enter any part of the parcel for the purpose of — 
   1. carrying out work that the strata company is required or permitted to carry out under this Act; or
   2. carrying out work that the strata company is required to carry out under an order of a court or tribunal; or
   3. carrying out work that the strata company is required to carry out under a notice issued, or other order made, under any other written law; or
   4. inspecting that part or any other part of the parcel; or
   5. ascertaining whether scheme by-laws or this Act has been, or is being, complied with.