This article is about whether an OC can restrict access to common property in Victoria.
Table of Contents:
- QUESTION: Do owners have a right to access all normally accessible common property areas? We can only access our lot’s floor and the gym.
- 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?
- QUESTION: Our OC has decided that only our building manager can use our loading zone. Can the OC restrict access to common property?
Question: Do owners have a right to access all normally accessible common property areas? We can only access our lot’s floor and the gym.
About ten years ago, the intermediate doors on each floor were removed, and access to the floor by lift (and via the fire stairs) was controlled by a security fob. At that time, the committee decided to limit owner’s access to their apartment’s floor and to the floor with the gym.
Do owners in buildings with common property have a right to access all normally accessible areas of common property (excluding special areas such as switch rooms, etc.)? I understand this right is spelled out in disability legislation.
Answer: Residents do not have a right to access areas of the building that a resident does not have typical use of.
Residents do not have a right to access areas of the building that a resident does not have typical use of. This includes hallways on levels that are different to the apartment.
In recent years, security practices have evolved, and many high-rise buildings now restrict access by floor for privacy and safety, using fob access controls as you described. It is very common for buildings to only allow access to the floor of the apartment and any floors where common facilities are located. This type of arrangement should not impact any disabled residents.
Alex Smale
Melbourne Owners Corporation Services
alex@mocs.com.au
P: 03 9818 2488
This post appears in the February 2025 edition of The VIC Strata Magazine.
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
This post appears in the July 2024 edition of The VIC Strata Magazine.
Question: Our OC has decided that only our building manager can use our loading zone. Can the OC restrict access to common property?
I live in a large strata building in Victoria. We have three marked ‘loading zone’ parking areas in the garage. The owners corporation (OC) has decided that only the building manager and concierge can use these loading zones. Is the OC permitted to give away common property for the benefit of subcontractors? Does it raise questions about fringe benefits?
Answer: If there is a significant alteration to common property by re-designating the car spaces, that requires a special resolution.
There are two issues here. The first is whether there is a significant alteration to common property by re-designating the car spaces. If so, that requires a special resolution pursuant to Section 52 of the Owners Corporations Act 2006. If it is effectively a lease to a third party, then a special resolution will also be required under Section 14 of the Act.
The other matter that the owners corporation needs to consider is whether there was a planning requirement to have those loading zones and whether the conversion of those car spaces becomes a breach of the planning permit that the property has.
However, if the car spaces were never originally designated as loading zones at the time of subdivision under a planning permit or otherwise pursuant to a special resolution, then the owners corporation might be able to re-designate them if it is appropriate to do so.
In respect to the query concerning fringe benefits, we are unable to provide any comments on that aspect as it is unclear on what basis the spaces are being provided and whether any individual is obtaining a direct benefit. It seems that the spaces are being used for purposes in connection with the provision of services to the owners corporation and not for the direct benefit of an employee.
Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au
P: 03 8600 9370
This post appears in Strata News #701.
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Read Next:
- VIC: Q&A Process to change the Registered Owners Corporation Rules
- VIC: The AGM Agenda, Committee Meetings and Minutes
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