Question: As part of his duties, is the caretaker required to let lot owners into the building if they lock themselves out?
My wife locked herself out of our apartment and asked the Building Manager to let her in. He refused, saying it’s not part of his agreement and he suggested she call a locksmith.
I haven’t seen his agreement so I don’t know for sure, but he has let others in previously, including myself.
Whose responsibility is it to let owners into their apartments when they have locked themselves out?
Answer: In the absence of some contractual obligation it is for the lot owner to find a way back into their lot.
It is a very rare caretaking agreement that obliges a caretaker to provide services to individual owners – like this. Many would. Some don’t – for any number of reasons, but usually there is a bit of a relationship issue at the core of it – either with the body corporate or the owner concerned. In the absence of some contractual obligation it is for the lot owner to find a way back into their lot – the same as it would be for me if I locked myself out of my house.
This post appears in Strata News #566.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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