VIC Apartment complex not opening facilities despite entire state COVID free

I moved in to this apartment at the start of the second VIC wave. At the time I accepted that things needed to remain closed given COVID-19 and the interest of public safety. But now we're 30+ days of no cases and they still have not opened them up.

I rented this apartment because of the nice facilities (pool, spa, gym, cinema etc.), amongst other things of course. What options can I explore here? We have a complete lack of communication from building management at present and I get nothing every time I speak with the concierge or security.

Ideas I'm considering:

• Reduce rent paid to landlord since I am not receiving the full product that I signed up for (to pressure the owner to escalate the conversation with the owners corporation)
• Petition tenants to do the same
• Complain to the owners corporation (and encourage tenants to do the same)

Do I have a leg to stand on here?

Is there a resource where I can find out the owners corporation for our apartment complex?

 

Has the government lifted any of the limits or orders on closing these facilities?

Don't forget these a few things here.

1. Government enforced
2. Not your landlords decision
3. Strata

Reducing your rent is a silly idea, asking for a rent reduction would be the correct step. Although, you probably won't get it as it's up to Strata/Government by the sounds of it.

Have you spoken to your agent?

 

Here's a good thread on whirlpool

https://forums.whirlpool.net.au/thread/30y72qq9

 

Yes. Apartment facilities are permitted to open subject to maximum density requirements and presence of COVID marshal AFAIK.

Management just keep saying it's with body corporate. It's frustrating when all the other apartments within arms reach have facilities open already.

I'll be speaking with my PM (for my IP) to get her opinion tonight.

Thank you but that situation (government enforced closure) is not applicable in VIC.

From memory @Tony3008 you are in an apartment not far from me, are your facilities open?

 

There's a legal basis for this. And it doesn't matter what the reason for the loss of amenity is, or how reasonable it is.

 

Aren't you renting? Why haven't you spoken to your agency looking after you?

 

I wonder if the Body Corporate has been getting a discount from the cleaning/maintenance company due to not having to clean these facilities ???

As a gardener of many a complex I have been asked for discounts and have reduced my charges, and that has NOTHING to do with Covid (other than unemployed people trying to start a mowing round).

It's easier for the property manager to say NO, ask for a rent reduction backdated for half the entire time the facilities are closed

Put up a notice somewhere to stir the pot

 

Gym and communal garden are open. Pool is closed because they've just started on boiler replacement!

 

Sorry are you saying there is, or is not a legal basis for securing a rent reduction?

That's part of the plan, but I understand there are number of PM's on here so I wanted the benefit of multiple opinions.

That was one of my theories. I suspect they're debating forward and back around the costs of getting a covid marshal. I suspect there are many overseas owners that are saying 'nahhh not paying' hence an impasse at the owners corporation level. But that's all speculation and I could be way off.

 

There is a basis for a rental reduction. Starting from the time the facilities were closed.

I'm saying the reasons why they were closed don't matter.

 

I would have thought that a "Marshall" would only be req'd if exceeding a certain number of people in a room/per sqm ! Not like you are running a pub/restaurant with dozens of people visiting each day.....

Surely a pool or gym could easily have a limit of 3-4 people at any one time, with a log in/out book and a list of requirements of use ?

 

For those following along, my PM (for my IP) suggested reaching out to CAV.

When we contacted CAV, they first suggested formally requesting the rent reduction from our agent, and that they would step in to help if the rent reduction is not approved.

Have given our agent a week to respond to our request (including a request for a backdated reduction, since Dan Andrews permitted the opening of facilities from Nov 22).

 

I could be wrong, but Thatbum mentioned you could be entitled to a reduction since the facilities were closed, not just to when they were supposed to be open, as lack of amenity wasn't any fault of yours.

 

This matter is ongoing, but in an interesting turn of events the building management have decided to open the pool from tomorrow with a booking system in place, on the condition that we leave our drivers license ID when we use it. Is that legal? I don't trust building management at all to store that kind of information.

 

Surely providing your unit number (as it is for residents use) should be enough ...

I'm adverse to having to provide or write down my details in any environment where others can see or record my details.

Sounds like a perfect opportunity for identity theft to me

 

Update: After a bit of forwards and back with the PM (who was originally trying to deflect the issue onto the BM), the owner has agreed to a 10% rent reduction for the remaining 6 months of the lease.

We were able to avoid going to VCAT. Advice from consumer affairs vic was that we would be entitled to a reduction for the period the Vic government relaxed restrictions for apartments (Nov 22 onwards), but could not say for certain whether we were entitled to a reduction from the start of the lease - "it is a bit of an unknown because of COVID".

Thanks all for your input/replies.