tenancy rights within apartment complex?

Hi all,

Just like to get some help and insight in my current situation.
I live on a apartment property on ground floor with a garden and front porch fenced off for "exclusive use only"
There is a drainage system in the back of our "exclusive use only" backyard which needs regular maintenance.
Things came into problem when new property manager came into place. As she starts to request obligated access through our unit property to the backyard in order to maintenance the drain.

At the moment we have refused further access as we believe it is intruding in our privacy, and we have a very full house, and a proper access is likely blocked off with all the furniture and storage (so physically is likely impossible as well).

Now we are complaining to bodycorp and committee whom i think is complete useless and has intention in helping us. They now requesting the 3 possible resolution options.
1. grant access through our unit property
2. they will remove the fence around the "exclusive use only" backyard, (so our unit at the back will be completely open to anyone.
3. I have to pay 100% in installing a gate (although i have suggested should be funded by split from all members of the complex)

Regarding the 3 issues, could anyone give some insight whether if what they are suggesting are legally correct? do they have the right to access through our unit when requried, are we obligated to comply despite such inconvenience? are the body corps decision to take down the fence legally correct action? am I out of place to recommend fence installation to be split from all members of the complex?

Any advise or some insight will be mucch appreciated

 

correction bodycorp and committee has no intention in helping us.

 

You should allow the owners corporation to reasonably do what is required for them to meet their responsibilities to properly maintain common property. They probably have the right to do this without your co-operation if necessary and they seem to be very cooperative by suggesting options.

If you have an issue and are an owner you should join the executive committee.

It makes no sense to be difficult when you are fortunate enough to have an owner's corporation who are actively maintaining the building.

 

What is the cost of installing a gate ? I think you are quibbling over pennies.

Do the gate yourself and then you control what you get. Have a lock that only yourself and the maintenance manager have a key to - sounds like a great solution.

 

Were you told that you'd be required to provide this access before you moved in? i gather you own by the options that have been given to you by the body corporate. If so, I think you'd have a hard time denying it. It could end up that they take you to court to get you to comply, which will be costly for both parties.

Why don't you go with the option of a gate with a double-key deadlock on it and give them a copy of the key? That way they don't need to go through your house to access the backyard? Yes it'll cost you money, but it'll be a lot less stress.

 

What Tonibell said ^^^^

Its not worth the hassle, and if the drain is blocked because you refused you are inconveniencing all other occupants in the building. Which might make them vote against you and have the fence ripped out without you having a say in it.

 

Are you the tenant or the owner of the unit?

Regardless, you are obliged to comply with by-laws and access requirements where facilities are required to be maintained whether you have explicitly agreed or not. If you feel that the exclusive use by-law is no longer required, then surrender your courtyard. If not, abide by the terms of exclusivity.

 

What sort of "regular maintenance" could a drainage pit really need ?
Have there been any problems with it in the past ?

It may just be that a schedule was drawn up by someone early on (to feather their nest) and that like many things in a complex no one questions as each thinks it is only costing me a small amout of the whole !
All the little bits add up, question everything !

I would ask for a detailed description of the "maintenance required"
Fire alarms i can understand access being required, this sounds like poor design.
The body corporate should be offering to put in a gate at its own cost and provide you notice in advance of inspection access.

If they build a fence around the pit reducing your yard then you should be compensated for loss of property.

You could offer to check for blockages for free....

 

So I am the owner of the unit in the complex.

Its the new manager's way of maintenance the drain that is giving me the hassles. feels like there is no privacy, and feel like we have no rights in decisions despite we own the unit.

I understand its a small cost for a possible growing issue, but i think I just want to dispute for what is right for my part as a unit owner of the complex instead of being bullied by the manager or the unit complex.

so body corp has responded that under paper that the courtyard and front yard is not part of my property, only whats within the unit. And this "access through the property" was never mentioned when purchasing the property nor on any legal documents.

In all honesty I do believe a split bill to build a gate between all complex members, as the drain is not for my use but for everyone's. But bodycorp seems very frugal about it and insists that I choose from one of the 3 options given above.

But thank you all for your input. I now i have a much greater idea of how i should tackle this issue with the manager and bodycorp.

 

So a quick check of your title/contract should clearly show if the yard is "your property"
I suspect that it is, and you have grounds to be annoyed about the offered resolution!
You could counter offer a resolution to solve the problem at the BC cost (in writting)
Or sack this new manager (sounds like they are engineering jobs/existence)

 

It doesn't matter if "the land" is on your title or if you have exclusive use - the drain is common property.

 

Do you have a Layout Plan? I find it amazing that one of the options is to remove the fence altogether... Who are you backed into? It seems that you family won't be able to access the backyard yourself....

How frequent would the visit be? Can it be pre- planned?

 

Just let them do the work....or you pay for the gate.....cause it seems your being difficult.

 

Yes, they can enter your lot. There are certain notice requirements also.

Look here as the starting point - BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 163 Power to enter lot

 

Form your initial post, and clarifications, I understand the following;
- There is a garden and fronch porch fenced off for "exclusive use only"
- Implication that there is also an "exclusive use only" backyard.

The body corporate has advised that it needs access to your backyard, and currently the access is only able to be provided through the unit itself. They propose;
1. grant access through our unit property.
2. they will remove the fence around the "exclusive use only" backyard, (so our unit at the back will be completely open to anyone.
3. I have to pay 100% in installing a gate (although i have suggested should be funded by split from all members of the complex)

Please correct me if I'm wrong, but it sounds like the body corporate only needs very basic access to your yard. They could not care less what the inside of your unit looks like- why does it bother you so much to provide them access through the property? I would be very upset as an owner of another unit in the complex to be paying for unnecessary gate access to the yard, just because you feel like the ground floor of your unit is particularly special and private. They are not bullying you- this is a very basic request and you should have been aware of this drainage from your purchase due-diligence?