A Victorian Lot Owner is wondering whether all owners should be able to access the chair lift. Alex Smale, Owners Corporation Manager at The Knight suggests the best solution would be to using a key safe.
Table of Contents:
- QUESTION: If an owner rents out his lot, can he still return to the building and use the facilities, or has he passed on this benefit to his tenant?
- QUESTION: If our doors are lot property, can the owners corporation force owners to change to a registered key system? We don’t want the owners corporation to have unauthorised access to our lot.
- QUESTION: We have a wheelchair/disable chair lift installed. Shouldn’t every owner be entitled to a key? It was installed to assist all residents and therefore should be part of their entitlements.
Question: If an owner rents out his lot, can he still return to the building and use the facilities, or has he passed on this benefit to his tenant?
Our Strata complex has facilities for residents. An owner has moved out of his apartment, rented his property, and retained a key to the facilities. The owner returns to the property several times weekly and uses the facilities. Does the owners corporation have a right to ask him to cease this activity as he has passed on his right to the facilities by renting out his apartment?
Answer: It may be difficult to enforce your request without anything explicit in the rules.
The first (and best) place to check is the owners corporation’s registered rules, as they may specify the terms surrounding the use of common facilities.
In the absence of anything explicit in the rules, it may be difficult to enforce your request. I imagine most owners would agree that the intention is for residents only to use the facilities. However, there is an argument that if an owner is paying owners corporation fees, why can’t they use the facilities?
One of the newer model rules, 4.1.7, outlines the following:
- The owners corporation may impose reasonable conditions on a lot owner’s right or an occupier’s right to access or use common property to protect the quiet enjoyment, safety and security of other lot owners, including but not limited to imposing operating hours on facilities such as gymnasiums and swimming pools.
My suggested approach would be to contact the owner, request that he stop using the facilities (given he doesn’t reside there), and substantiate the request through either the relevant registered rule or model rule 4.1.7. If he continues using the facilities, I would consider obtaining legal advice.
Callum Wilson
The Strata Shepherd
E: [email protected]
P: 0431 925 908
This post appears in the December 2023 edition of The VIC Strata Magazine.
Question: If our doors are lot property, can the owners corporation force owners to change to a registered key system? We don’t want the owners corporation to have unauthorised access to our lot.
Our owners corporation is forcing all lot owners to change their lot door locks. The new system has a registered key, and the owners corporation will have access to that key system.
Are the doors lot property or common property? If they are lot property, can the owners corporation demand this?
We do not want the owners corporation to have unauthorised access to our apartment.
Answer: If access to your lot is required, the owners corporation must give you a Notice of Entry under the Act.
The owners corporation cannot force owners to update the door locks to a registered lock system.
Assuming the locks are private property, the owners corporation doesn’t have the right to change locks or force migration to a registered key system (regardless of whether or not they pass a special resolution).
The owners corporation has no authority to request or hold any keys to your private property. If access to your lot is needed, the owners corporation is obligated to provide you with a Notice of Entry as required by the Act, ensuring your privacy and rights as a property owner are respected.
Additionally, if your owners corporation has implemented a registered key system to enhance the overall security of the building, it is necessary to have a registered installer cut your key. In the event of a security breach, it is advisable to have a registered installer replace the hardware, as a regular locksmith cannot duplicate your apartment key. It’s important to note that the owners corporation manager, chairperson, or any committee member is not permitted to possess copies of keys to your private property.
Ali Kaymakam
MBCM Strata Specialists
E: [email protected]
P: 1300 777 276
This post appears in the August 2023 edition of The VIC Strata Magazine.
Question: We have a wheelchair/disable chair lift installed. Shouldn’t every owner be entitled to a key? It was installed to assist all residents and therefore should be part of their entitlements.
We have a disable platform to allow disable residents, friends and family to access this building at any time.
The committee suggests that only one key can be supplied to the Owners Corporation chairperson. This puts the chairperson in an impossible position, as they have to be on call at all times.
If we have a wheelchair/disable chair lift installed, shouldn’t every owner be entitled to a key? It was installed to assist all residents and therefore should be part of their entitlements.
Are there any regulations on this matter?
Answer: A possible solution would be to install a key safe on site to hold the key and to advise any residents/guests who need access to the lift of the code.
The first thing you should do is determine what type of key operates the lift.
Some pieces of equipment such as lifts have specialized keys that may be either expensive or difficult to cut which may be why your manager is recommending only the Chairperson has a copy.
Even if it is not a specialised key, you may wish to reconsider cutting a key for every owner. Unfortunately, tampering and misuse of equipment is very common in strata. As it is an expensive piece of equipment you may wish to ensure only those who have a genuine need to use the equipment can access it.
A possible solution would be to install a key safe on site to hold the key and to advise any residents/guests who need access to the lift of the code.
One thing to be aware of is that Owners Corporations are considered service providers and therefore are bound by the Equal Opportunity Act 2010. This was affirmed in the VCAT case Black v Owners Corporation PS 539033E.
Sections 44 and 45 of the Equal Opportunity Act stipulate that a service provider must not discriminate against a person with a disability by refusing to make reasonable adjustments so the disabled person may access or derive a substantial benefit from the service.
If a disabled person is unable to access the lift because the Chairperson is unavailable, the Owners Corporation could, therefore, be seen as being in breach of this legislation. This may support your argument.
Have a question about wheelchair access or a key safe or something to add to the article? Leave a comment below.
Alex Smale
Owners Corporation Manager
The Knight
Email
This post appears in Strata News #297.
This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.
Read Next:
- What’s yours and what‘s common property?
- VIC: Q&A Conflict of Interest on the Committee?
- VIC: Q&A Expenses Recovery and Benefits of Common Property
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