Question: Are owner-occupiers entitled to access the pool and BBQ after closing time? Can we access additional floors to visit our friends?
As an owner-occupier, am I allowed access to common areas like the pool and BBQ after closing time? Also, our friends live on another floor of the building. Can we request that our fob access other floors? The committee wants us to purchase additional fobs at $50 per fob. They clearly only like the holiday pool people.
Answer: There are no special privileges for you as an ‘owner-occupier’.
When it comes to by-laws – which is what you are talking about here – there are no special privileges for you as an ‘owner-occupier’. In fact, the legislation is quite clear that there should be no discrimination between owners and occupiers (which is the technical term for tenants under strata legislation) when it comes to by-law application.
So, in relation to using things after ‘closing time’, I assume you are referring to using the facilities after the time specified in the by-laws. It is reasonably typical for a by-law to say that the use of the pool will end at a certain time. If so, then the body corporate is obliged to enforce that by-law. That said, as an owner (and this is where your rights differ from those of occupiers), you can submit a motion to a general meeting to change the by-law. It is reasonable, up to a point, to have a time limit – noise from the use of the BBQ and pool late at night could disturb others – although it really should not be an arbitrary thing.
On the fobs, your desire to visit friends may not be a valid reason for you to be given access to other floors of the building (think of the reverse – would you want people who don’t live on your floor, accessing your floor? And in any event, can’t your friends simply buzz you up?). Putting that aside, it is not a cut and dried issue, and there have been several adjudicators’ orders about it. Maybe read this article as a start point: Frequently asked questions – Keys, fobs, swipe cards, security access and issues
Your query suggests some animosity going on here in relation to the management rights holder (aka, onsite manager) and ‘holiday pool people’. It would be good to resolve that lest any other matters arise. I’d suggest you first avoid terms like ‘holiday pool people’. It’s not a pleasant-sounding term, creating an ‘us and them’ mentality. After that, don’t forget you have the right as an ‘owner’ to submit motions to the committee to have things changed. Maybe start talking to others (owners and occupiers) to see if your views are shared, or if you are in the minority.
This is general information only and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898
This post appears in Strata News #699.