A Qld lot owner asks whether residents can be confined to their own floors during the COVID-19 lockdown. Chris Irons, Hynes Legal provides the following response. This information was correct at time of publishing.
Question: During the COVID-19 lockdown, can Body Corporate request residents keep to their own floor unless there is some compelling reason to do otherwise?
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I have a question regarding building access during this time of Social distancing and lockdown.
Can the Body Corporate send a request to all residents asking them to follow social distancing rules by keeping to their own buildings and their own floors unless there is some compelling reason to do otherwise?
Answer: If the body corporate proposes to restrict access to common property, it needs to follow proper decision-making processes.
There is a world of difference between ‘requesting’ someone do something and ‘compelling’ or ‘ordering’ them to do something, or suggesting that it is an order. So the body corporate is perfectly entitled to ‘request’ residents to do what you describe. Similarly, you can ‘request’ these kinds of things if you want.
Access to different parts of your building or different floors may be a slightly different story. The body corporate is responsible for maintaining common property and if it proposes to restrict access to common property, it needs to follow proper decision-making processes.
Again though, it’s important to be clear what we’re talking about – if it’s a communication from the body corporate with helpful suggestions about preventing the spread of COVID-19, including restricting movement within the building, then not only is that fine, it’s actually pretty admirable and socially responsible. If it’s a communication saying you’re no longer allowed to access a part of the building that you are usually able to access, that might be a very different story.
More to the point, if you’re following social distancing or self-isolation directives of government during this time, I’m not sure why you would be wanting to travel to other floors or parts of the building anyway unless it falls within the ‘essential’ category.
Chris Irons
E: [email protected]
P: 07 3193 0500
W: Hynes Legal
This post appears in Strata News #339.
Have a question about residents being confined during the COVID-19 lockdown or something to add to the article? Leave a comment below.
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While people are still allowed to do ęssential shopping, essential work, access essential services (medical, etc) and do some outdoor exercise, I fail to see how restricting access to floor levels is either practical or advisable; It’s ok for those on the building entrance/exit floor level, but those on the floors above or below have to have access into and out of the building which necessitates moving between floors. Sounds more like a power trip on sometimes part rather than sensible implementation of the physical distancing requirements.
Well replied. It makes me suspicious of the contributor; or do they just have a problem with authority? – why wouldn’t they want to keep to their own floor unless there is some compelling reason to do otherwise?
Sometimes there are also special rights by-laws that exist only allowing some occupiers to access certain floors and lifts
I think residents need access to all floors to assist elderly neighbours when necessary. Our Chair has taken it on herself to deny this access to what are essentially Common areas ie. lift foyers. There has been no due process.
Bit of a power trip. People should be given a certain trusted responsibility to have free access to others but not entertaining in this time of the virus.