VIC: Can the OC force lot owners to change their locks and demand a key?

Question: If the OC decides to change all lot door handles and locks, can they demand owner’s keys?

Our owners corporation has unilaterally decided to update all lot door handles and locks. Do they have the authority to force lot owners to change their locks and handles if an owner objects? Does the owners corporation have the right to demand a key from lot owners who have changed their locks over the years?

Answer: The owners corporation cannot unilaterally decide to update the door handles without a special resolution to do so.

Firstly, the owners corporation cannot unilaterally decide to update the door handles without a special resolution to do so as this would be considered a service to owners under Section 12 of the Owners Corporations Act 2006 (Vic) which states:

Provision of services to members and occupiers

1. An owners corporation, by special resolution, may decide —
   1. to provide a service to lot owners or occupiers of lots or the public; or
   2. to enter into agreements for the provision of services to lot owners or occupiers of lots.
2. An owners corporation may require a lot owner or occupier to whom a service has been provided to pay for the cost of providing the service to the lot owner or occupier.

A special resolution requires 75% of all lot owners to be in favour of the motion for it to carry/pass. If passed, the owners corporation would arrange for the works to be completed and paid for as an expense of the owners corporation. If the motion passed as an interim special resolution, it will become a special resolution of the owners corporation 29 days after the interim special resolution was passed, unless lot owners who hold more than 25% of the total votes for all of the lots on the plan of subdivision petition the secretary (which is usually the manager) against the resolution.

If you object to the works after the resolution has passed, we would suggest seeking independent legal advice to explore your rights. If the works are required to secure the property, the owners corporation may seek an order for compliance with the resolution.

The owners corporation does not have the right to demand a key to your private property. If access to your lot is required, the owners corporation must give a Notice of Entry under Section 51 of the Act.

The owners corporation must give at least 7 days’ notice in writing to the occupier of a lot of its intention to enter the lot unless —

1. the occupier agrees to a lesser time; or
2. there is an emergency.

“emergency” includes —

1. an interruption to gas, water, electricity, telephone, drainage, sewerage or a similar service; and
2. a leak or a similar problem requiring prompt attention; and
3. cracking or a similar structural problem likely to affect the immediate safety of a building or any person.

Points to note:

We recommend checking your plan of subdivision to confirm the lot boundaries in the first instance to confirm whether the door and its hardware are common property or private property.

Further, your owners corporation may be subject to a registered key system for the overall security of the building. This means that the key must be cut by the registered installer, and it is recommended in the event of a security breach that the hardware is replaced by the registered installer. A registered key system also means that your apartment keys cannot be cut by any regular locksmith.

It is also important to check the rules of your owners corporation to ensure that the lock you are changing complies with the rules and will not affect the outward appearance of the property. If in doubt, it is wise to seek confirmation from the owners corporation via the manager, with the proposal and specifications of the lock you wish to instal.

Sim Firns
Bluestone OCM Pty Ltd
Sim.firns@bluestoneocm.com.au
P: 03 8535 2770