Question: A resident has locked a gate leading to their backyard. The yard houses the gas and water meter. They refuse to remove the lock. What can we do?
In our strata group, a tenants has put a lock on a common property gate that leads into their backyard. The backyard contains the gas and electrical meters. We no longer have access to these service.
Is the backyard considered common property because of the location of the meters? Or would there be an easement? Are the residents able to deny access to space? Can they put a lock on the common property gate?
Our strata manager has requested the lock be removed but both owners and tenants refuse to assist. The Strata Manager now suggests we knock on the owner’s door and ask for access when required. This is not suitable.
Answer: The next course of action is either mediation, or taking the matter to the Magistrates Court and request that the court orders the owner/tenant remove the lock.
This is not an uncommon issue in older strata corporations. When the units were developed, it is likely the meters were located behind a fence, perhaps without a gate or in an open carport, so there were no access issues. However now many owners / residents request more secure yards and carports, creating issues like this.
The strata plan will indicate if there is a section of common property between the wall of the building and the original fence (original fences are also marked on the common property).
You can see in the below diagram, the yard of unit 1’s boundary is marked by a path running behind all units. This is common property and cannot be locked or used for any unit’s private yard unless granted by the corporation. The area must remain free for all units to access at any time. The any gate that may have been installed at the beginning of this path cannot be locked.
As you have stated, your Strata Manager has asked the owner and tenant to remove the lock but they are not complying with this request. Unfortunately the next course of action is either mediation, or taking the matter to the Magistrates Court and request that the court orders the owner/tenant remove the lock.
Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777
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