Question: Our building is under a Victorian Building Authority (VBA) notice requiring the replacement of non-fire-resistant common property windows. How can the owners corporation compel a nonresponsive owner to comply?
Our building is under a VBA notice for the replacement of non fire resistant windows in the common property. The owners corporation (OC) is proceeding with a project plan to remedy the issue. Builders require access to units to complete the works. One owner does not respond to correspondence and, in the past, has not provided access for mandatory fire safety inspections.
How can the OC compel this owner to comply?
Answer: The owners corporation can apply to VCAT for an access order if the owner refuses entry.
The OC has the power to authorise a person to enter a lot on its behalf to carry out repairs, maintenance or other works under section 50 of the Owners Corporations Act 2006 (the Act) if carrying out repair or maintenance of a service, but not generally common property.
A service includes something necessary for the support, shelter or protection, full and uninterrupted access to and use of light for windows, doors or other openings, passage of water, drainage, and other easements pursuant to section 12(2) of the Subdivision Act 1988.
We presume that the windows are common property, but you should check your plan of subdivision to determine whether they are private lot property or common property. If they are private lot property, the OC should issue a section 48 of the Owners Corporations Act notice on the lot owner.
If there is a basis for access under section 50, unless in the case of an emergency, the OC must give at least 7 days’ notice in writing to the lot owner and the occupier of the lot. If access is then denied, the OC may issue proceedings in VCAT and seek an order for access against the lot owner or occupier through an order of the Tribunal.
Lot owners should be wary of refusing access, as they may find themselves facing a claim for damages from the OC if the OC’s works are delayed.
This post appears in the July 2026 edition of The VIC Strata Magazine.
Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au
P: 03 8600 9370
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