NSW Right to Access Common Service Door in Private Courtyard

I have an older home unit with a raised floor.

The way the units are constructed is that every two units in the block share the underfloor space with access provided via a service door in the rear private courtyard of one of the two units.

My underfloor space is serviced by a door in located in the adjoining units courtyard.

I have knocked several times and no-one answers, but now they have put a 'do not knock' sticker on the door, so I'm pretty sure they know I want to talk.

I have contacted the Strata Manager who has been unable to contact them, I asked them to send a notice advising that access was required next week however have been told they cannot force someone to provide access to their private courtyard even though there is no other way to access the common underfloor space.

I have dropped a letter in the neighbours letter box outlining why I require access, how the works will be undertaken safely without entering their dwelling (fence panel removed and re-instated) and in accordance with COVID requirements and asking them to contact me by phone with any queries and to arrange a suitable date to access.

I cannot believe that access to a common service door can be denied and that the Strata Manager does not have the right to issue a notice of access with say 7 days notice.

Where do I go from here if I get no response from the occupant?

Cheers

Andrew

 

• Is it common property with exclusive use?
• How are the two units fire separated below floor level?
• Are the smoke detectors for the two units interconnected?
• Strata manager should be able to issue an entry notice

 

Strata renos are a pain. I am going through one at the moment. Have had to put this on hold because the area is in a COVID affected area.

You will need to organize a proposed works form and get it noted in the strata bylaws as this affects areas other than your units. There maybe a fee for this (ask strata). They will also ask for indeminity insurance and a scope of works. Unfortunately, strata renos in NSW are a very difficult.

If after this the owner is unwilling you can actually get your strata manager to push it through...if they don't you need to go down the complaints process which can be time consuming.

 

You could consider a trapdoor in your floor. Leave it for further maintenance issues or close up after the reno.

It would also be a great escape route if heavies come looking for you

 

Similar to this if it's cost effective just have your own door installed

 

Except that it provides the neighbour with access too

 

You lock it from your side of course haha

 

A possible fall back plan... not sure.

 

It appears someone put a private lock on the gate to the electrical meters as well - Endeavour need to come back when the lock is removed...

 

Battery powered angle grinder, doesn't everyone have one in the car "just in case" ? haha

 

Then there is no right of access unless there's something in the by-law providing exclusive use.

It may not have been required when the property was built however if a fire or smoke gets under the floor it can spread to the adjoining unit.

See above

Probably require a strata lawyer to redraw the exclusive use (you'll be a popular boy), hold an extraordinary general meeting etc.

 

Update from a lawyer../. if it's an emergency the Owners Corp can enter without the occupants consent, otherwise it's off to NCAT...

Division 4 Powers to enter premises and carry out work:

122 Power of owners corporation to enter property in order to carry out work
Section 122 of the Strata Schemes Management Act (SSMA) provides an owners corporation with powers to enter a lot to carry out work.

Under subsection (3), the owners corporation may enter the lot in the case of an emergency, without the consent of the occupant. An emergency could be a threat to health and safety or damage to property.

124 Orders by Tribunal relating to entry to carry out work or inspections
Under subsection (4), if it is not an emergency, the owners corporation can only enter with the consent of the occupant. If the occupant refuses to give consent, orders must be sought from the NSW Civil & Administrative Tribunal under section 124 of the SSMA. At the same time, the owners corporation might consider seeking orders for a penalty infringement notice (‘PIN’) to be issued against the occupant as subsection (5) provides a maximum penalty of $550 for obstructing or hindering the owners corporation.