Access to common property .... | Common Property | Flat Chat Forum: Your Questions Answered




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Access to common property ....
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dwa
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05/10/2017 - 4:42 pm
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Hi,

I'd appreciate thoughts on owner access to areas such as switchboards.

Is the COO (EC in states other than WA) able to restrict owner access to such areas?

I would have thought not since such areas are common property which owners would normally have access to.

However, this is strata, and so all sorts of exceptions are likely.

Many thanks in advance.

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JimmyT
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05/10/2017 - 6:25 pm
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Just because an area is common property doesn't mean everyone has access to it (your neighbours' balconies, for instance).

If you need access, you should ask the building manager, strata manager or committee.  If want that to be a permanent arrangement, you probably need a by-law (although i ahve to wonder why would you need access to the power boards on a regular basis?)

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Sir Humphrey
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05/10/2017 - 6:51 pm
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Yes, there is a general principle that all resident should have access to common property. There is also a general principle that law should be interpreted in a reasonable common sense manner.

So, for reasons of safety and avoiding mischief, it is not a good idea to leave the switchboard open for all to access and that would not be in conflict with a reasonable interpretation of the law. For another example, nobody can occupy exactly the same bit of common property as is being occupied at that moment by another resident, or is being occupied by a tree for that matter, but nobody applies excessive pedantry to those situations!

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dwa
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05/10/2017 - 8:15 pm
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Many thanks @JimmyT & @Sir Humphrey for your comments and insight -- much appreciated!

Clearly safety is an issue, and anyone with access to locked doors would lock doors after gaining access as a matter of common sense.

One reason for access to (eg) switchboards would be to check meter readings.

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