Question: Can a strata scheme exclude some owners from a scheduled car park clean because their garage is lockable?
Our strata scheme arranged a car park sweep, but the strata council excluded some owners’ garages because they were lockable.
The strata council requested that owners with lockable garages leave their garage door open for several hours so it could be cleaned. We consider this a security risk. Owners were told that it would not be done next time unless garage doors were left open.
Can the strata scheme refuse to clean these areas because the garages are lockable? Is it fair for some owners to be excluded from a scheduled service, especially when they pay the highest levies?
Answer: Suggest a compromise that meets your needs, but also the needs of the contractor’s work hours and the strata company.
Under the Strata Titles Act 1985, a strata company has the responsibility to maintain and service common property for the benefit of all owners, and this should be carried out fairly and reasonably.
At the same time, the Act also places an obligation on lot owners to provide access to their lot when reasonably required, provided appropriate notice is given by the strata company (or its contractor). This includes access for maintenance or cleaning of areas that may form part of, or be connected to, common property services.
However, this does not mean you are required to accept unreasonable risk. An approach that meets the needs of the contractor’s work hours, the strata company and yourself could be:
- Arrange a specific access time window, or
- Have your garage attended to first at a particular time
- If you cannot be home or at the start of the time period, consider alternative arrangements like leaving a remote with another owner or in a lock box
Respond by acknowledging your obligation to provide access with notice and requesting a specific time period or time, then making arrangements accordingly.
This post appears in Strata News #784.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400
