September 9, 2020 at 1:34 pm #264287Keyblade MasterMember
The building I’m in is going through an electrical upgrade which will also fix all broken lights (very costly but good for the long run and sustainability). The new lights will be battery powered instead of being connected to common property electricity.
There are some challenges with this project where some lights are above a resident’s vehicle, which is in effect preventing us access to perform the work properly.
1. What can I do if a resident/owner refuses (or to respond) to move their car in a timely fashion (which is to move it away a specified day for a range of days within a month) or is unable to move it? There are also other cases where vehicles are unregistered for more than a year.
2. I assume towing cars from lot property temporarily and charging them is a no-no? Plus it would seem difficult to achieve that.
3. Or can we make them responsible for calculated electrical costs that should not be incurred if they complied?
4. Or should work be attempted (if safe for the worker) but they cannot claim against anyone for any damages due to their refusal?
5. Plus incur additional charges for call out and other costs if they decide to move after the project is finished
Section 106 of SSMA does say we must repair and maintain, and that it’s a strict duty but I’m not sure with how to handle this case.September 11, 2020 at 4:37 pm #281780ts1904Expert
Hi KeyBlade Master,
The owners corporation can seek orders under sections 122 and 124 to enter the property to carry out works.
However I don’t believe that would extend to getting orders to move the vehicle (or orders regarding costs etc.)September 14, 2020 at 7:25 am #297458Amanda FarmerExpert
You could be criticised by the Tribunal for not taking that route if you try to recover additional expenses from the lot owner later (I have seen that criticism made before).
You could frame the orders sought very carefully, to make sure the lot owner is also required to clear the space for you (ie: move the vehicle).
The suggested process before making a Tribunal application is to send a letter, clearly setting out the OC’s legal obligation to do this work and the avenue available to the OC to get an order from the Tribunal, should the lot owner not provide the required access. Set a deadline for access to be provided.
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