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
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