Advice on OC Infringement Notice (Airbnb Related)

Discussion in 'Legal Issues' started by AmateurInvestor, 30th Oct, 2020.

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  1. AmateurInvestor

    AmateurInvestor New Member

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    Hi all,

    Just wanted to get some advice with an issue I'm facing with OC. I've recently received an infringement notice from my OC regarding the storage of apartment keys in the letterbox.

    The rule they quoted from the Owners Corporate Rules:

    "A unit owner must not interfere with any security camera or surveillance or security equipment or do anything which may prejudice the security or safety of the building. "

    They also mentioned they will take this to the Civil and Administrative Tribunal if I continue to store the keys letterbox.

    I feel this is primarily to stop airbnb from operating in the apartment. I've stayed in many airbnb's in Melbourne and all of them allow self check in through the letter box. With the proper controls and equipment, security concerns can be alleviated.

    I've already spoken to a strata lawyer today who said he will able assist and quoted me around $5,000 which I'm willing to go through if it comes to the worse.

    Would appreciate if you could share your experience dealing with a similar situation.

    Thanks!

     
  2. thatbum

    thatbum Well-Known Member

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    It sounds like they're really stretching. Why not just get some advice from the lawyer rather than representation?

    Or even wait and call their bluff to see if they would even proceed to NCAT?
     
    Perp likes this.
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    how do they get access to the letterbox?
     
  4. BennEznElle

    BennEznElle Well-Known Member

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    Surely a key safe would be an easier solution than spending $5k on a lawyer.
     
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  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Deny it. How can the prove what is inside your letterbox ? Perhaps they filmed it ? Mind you they do have a point. A combination locked key safe may be a practical option. Change after each occupancy as part of the clean process. And isnt the key YOURS ? Its not strata property as is the inside space of the letterbox. Its like suggesting storing keys inside your own apartment are also a risk.
     
  6. AmateurInvestor

    AmateurInvestor New Member

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    Actually most of us in the building are already using a lockbox stored inside the letter box. Thanks all for the advice, I’m going to go an additional step and propose the lock box be mounted and see how we go. Thanks!
     
  7. Propagate

    Propagate Well-Known Member

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    Is there a key required for a communal entry? Or just for access to your own place?

    If there's no communal access point to get passed, can you get an electronic keypad lock fitted? We our one in at home less than $500 fitted. Email the holidaymaker the code.
     
  8. Ted Varrick

    Ted Varrick Well-Known Member

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    Is your key actually a key or a fob or swipecard?
     
  9. spoon

    spoon Well-Known Member

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    Key safe hooked somewhere is the way to go. But the key issue is whether short stay is allowed in the OC rules. That's more a problem.

    Otherwise install an electronic lock with wifi access. You can send the link or code to the tenant and some even allow a timeframe of validity.
     
    wylie likes this.
  10. Mike A

    Mike A Well-Known Member

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    our building requires a fob to get into the letterbox area so it's impossible to get into that area unless the concierge lets you in. that approval must be in writing.
     
  11. AmateurInvestor

    AmateurInvestor New Member

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    They keys provided to my guest contain the swipe/fob to gain access to common areas like the lifts and carpack. The swipe/fob allows access to the foyer, lifts and carpark. And obviously there is also a separate key to get inside the apartment.

    I can confirm the OC currently does not have any issues with short term rentals, there only concern is with storage of keys in the letterbox. It will still not be feasible to use an electronic lock as they require the swipe/fob to get into the building initially.

    Anyways, they have responded to my suggestion of using a mounted lockbox within the letterbox saying the exec committee will still not approve as keys are inside the mailbox. I think this executive committee is being extra cautious due to an incident which happened a few months ago which led to a car park break in. However, this was prior to them installing security cameras where our mailboxes located so I think it is unfair for them to blame the incident entirely on short term rentals.
     
  12. Propagate

    Propagate Well-Known Member

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    Do you have an agent that manages this, or do you look after it? If an agent, can t be arranged so the keys are collected form the agents office each time? We stay in a regional town quite often and most of the places we've stayed in there are managed by the same agent, keys always have to be collected from them directly at their office.