Question: Due to a recent break-in, access via a fire door has been restricted, causing residents inconvenience. Can a COO impose such a restriction?
Recently, we had a break-in into our underground garage. It looks like they gained access through the fire escape door on the street level and descended down the steps into the garage. They stole a number of items over 2 hours.
The door on the street is accessible by key. The lock on this door has been changed and the strata council have denied new keys to owners. This is inconvenient as the access is next to the bin room so you would normally put your rubbish in the bin and then use the access door to descend into the garage. No residents have to walk down the street and go in through the front door to the lift or open the garage gates to get to your vehicle. Can a COO impose such a restriction?
Answer: It is reasonable for the council of owners to take steps to improve the security and safety of those in the building.
Your question mentions that the door in question is a fire door. I will assume that the mechanism for the opening of the door from the inside has not changed from a fire safety perspective.
All lot owners are equally entitled to the use and enjoyment of common property unless the strata company by-laws provide otherwise (including an exclusive use by-law). Based on the information at hand, I will exclude the idea of restricting access to common property and assume there is access to common property but the exclusion of the use of this door provides inconvenience as appose to restricting access.
Section 91 of the STA1985 provides for the general duty of a Strata Company. Part of the reasonability of your council of owners is to ensure the Strata Company meets its obligations under section 91. Section 91 (1)(b) requires that the Strata Company controls and manages the common property for the benefit of all the owners of lots. Building security is a risk for consideration for any Strata Company and its council of owners.
Often councils must make tough decisions in order to do what they can to protect the security of those in the building. Given the circumstances provided, my opinion is that it would be a reasonable step for the council of owners to take in restricting who has external access to the door in question if they believe doing so would improve the security and safety of those in the building, provided that by doing so they are not restricting lot owner access to any area of common property that is not subject to by-law restriction in relation to use.
This post appears in the August 2022 edition of The WA Strata Magazine.
Luke Downie
WA Strata Consultant
E: Email
P: 0456 589 639
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