VIC: Can lot owners block access to common property?

Question: Residents can only access the common property by entering lot owners’ backyards in our old subdivision. Can owners block access to the common property for privacy and security, or should they provide reasonable access?

Answer: The Act has several provisions for accessing private lots.

The Owners Corporations Act 2006 has several provisions that provide for accessing private lots to undertake repairs, maintenance or other works relating to common property and shared services. These are sections 46, 47, 50 and 51.

Section 46 requires an owners corporation to repair and maintain common property. Section 47 requires an owners corporation to repair and maintain services that relate to a lot that is for the benefit of more than one lot and the common property. Services noted in these sections of the Act are defined in the Subdivision Act 1988 – 12 (2).

Access to a private lot is covered under sections 50 and 51. Provision exists where the owners corporation may authorise a person to enter a lot or building on its behalf to carry out repairs, maintenance, or other works in accordance with sections 47(1), 47(2) or 48(3) – the latter not necessarily relating to your question. A notice must be given to the occupier of a lot with the intention to enter, and at a minimum, must provide 7 days – unless agreed otherwise or in the event of an emergency. It is presumed that at this point, an agreement can be arranged to provide access at a mutual time between parties.

This is a summary of the process, which is available through the Owners Corporations Act, however, there are some other considerations required before proceeding under these sections. I recommend familiarising yourself with these sections to fully understand what must occur in order to access common property via a private lot.

If the above is unsuccessful, unfortunately, the owners corporation may then need to apply to VCAT seeking an order to provide access.

Joel Chamberlain
Horizon Strata Management Group
E: joel.chamberlain@horizonstrata.com.au
P: 03 9687 7788