Question: Does the committee have the power to restrict access to common property? If so, how should this be done?
My Body Corporate committee wants to lock the building front entrance overnight. Does the committee have the power to restrict access to common property? Can an EGM vote deny owners access to their common property entrance during these vulnerable hours of the night?
Answer: Generally, you’re right in that a change of this nature wouldn’t be something the committee could decide, only the voters could at a general meeting.
It’s not possible to give you a definitive answer as that will depend on many things, including the nature of the building and the reasons given for the proposed change. Generally, you’re right in that a change of this nature wouldn’t be something the committee could decide, only the voters could at a general meeting.
There may well be a compelling argument as to why the area should be locked. I would have thought you would have been presented with some rationale if an EGM has been called. If there are no reasons thus far or no good reasons that you can see, I’d suggest you contact the committee and put your concerns to them (if you haven’t done so already). If there’s a particular reason why you need access during these times, it might be a good idea to articulate that to the committee.
Beyond that, you are at liberty to speak with other owners pre-EGM to express your concerns, in an effort to have them vote against the motion, and of course, you have the option of voting ‘no’ to this motion. If the motion does pass then you may be able to challenge it to my former on the basis that it wasn’t a reasonable decision for it to have passed. What’s reasonable is, again, always subject to the particular circumstances involved and that’s where my comments above about reasons become really important.
Chris Irons Hynes Legal E: chris.irons@hyneslegal.com.au P: 07 3193 0500