363. Knock, knock: access rights for OCs. How far do they extend?
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In this solo episode, I’m walking you through the legal framework for access requests and access orders. How far does an owners corporation’s right to access to strata lot actually stretch?
Links Mentioned:
- Get the transcript here!
- STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 122 Power of owners corporation to enter property in order to carry out work
- STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 124 Orders by Tribunal relating to entry to carry out work or inspections
- STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 118 Window safety devices–child safety
- STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 123 Access for fire safety inspections
- Sample orders for access (non-members)
- Sample orders for access (members only)
- Your Strata Property Online Membership Community
- yourstrataproperty.com.au/podcasts
Fantastic Podcast Amanda!
Clears up all the outstanding questions I had regarding Orders for OC access. Very interesting.
Thanks Amanda!!
In 2017 we had problems with our Roof/gutters (still having it). So I took the case to the NCAT.
One of the solutions from our Strata Manager was to send a building consultant to look through the manhole to see where the problem was located. The Strata Manager did not need me to give him access to the manhole so I said to the person that we needed a Roofer to tell us what was wrong with the gutter/roof.
I was called rude and a difficult person because I was asking questions.
We need Fair Trading to make sure that people do not waste money and time looking to a problem that needs common sense instead lawyers and expert witnesses.
Firstly, the power extends to an owners corporation entering a lot by its agents, employees or contractors. Plumbers, contractors, building managers, caretakers and strata managing agents would fall in those categories. However, strata committee members would not fall under those categories. Accordingly, the Act does not empower a strata committee member to enter a lot for the purpose of carrying out work, or inspecting the common property.