10/05/2019 at 5:05 pm #37528
We would really welcome comments & suggestions on the following issue:
At our strata property this week a pedestrian entrance lock failed and the strata manager was contacted by a strata committee member for a suitable locksmith and the associated work order to have the lock replaced immediately. The locksmith informed the strata committee member that it was not possible to replace the failed lock with an identical lock due to new compliance requirements. The lock which had failed required a key to operate it on both sides. The lock installed to replace it requires a key for entry only. A piece of perplex or mesh was to be prepared and installed within a few days to ensure that the lock could not be reached and opened from the outside.
The following day an unauthorised resident took it upon themselves to remove the lock and replace it with a non compliant lock which is keyed from both sides.10/05/2019 at 5:10 pm #37530
I’m not sure what your question is but the resident (owner?) shouldn’t have done that. Just get the locksmith to remove it and replace with the compliant lock, and tell the resident to leave common property alone.10/05/2019 at 7:30 pm #37534
The locksmith had already installed the lock at our cost. The resident (part owner) has been asked to restore the lock but has ignored requests to date. He still has the compliant lock in his possession.
Unfortunately this is just one example of interference in strata committee work by this resident. The resident has never attended a strata meeting in the time we have been residents. He operates as if he has full authority to do as he wishes.
Just performing normal maintenance tasks has become an unnecessarily time-consuming operation and this is an almost 50 year old building where many maintenance tasks are well overdue.
Other than asking politely, which has been done by a very patient SC what are the next steps which could be taken?10/05/2019 at 7:33 pm #37536
You could go to the Tribunal seeking an order that the owner desist from modifying the common property without authority from the committee. Failing to comply with a Tribunal order would then be a serious offence, which might be made clear by the Tribunal member, especially if you ask the question “What if the owner does not comply with the order?”.
11/05/2019 at 6:33 pm #37564
- This reply was modified 3 months, 2 weeks ago by Sir Humphrey.
The owner has damaged/modified common property without authorisation and stolen common property. If you don’t stop him he will just keep doing it. I wouldn’t bother asking him politely, I would send him a very clear letter demanding return of the lock and advising that the additional expenses will be charged to his lot.15/05/2019 at 11:08 am #37647
As scotlandx advised, if it has been admitted/or is known that the lot owner has caused the damage, simply get the locksmith to come out, install another new compliant lock, and send the bill to the lot owner. They will very soon stop doing things that cost them money.
To be nice, inform them that the locksmith will be called (give a weeks notice) and what will happen if that is still required at that time. In the meantime, have the wire mesh/perspex/etc installed, since it will be required anyway and better to do that prior to the lock replacement (so perhaps the owner will be happier with a single sided keyed lock).
IMHO, it’s always better to negotiate towards a solution, but have a stick ready when required.