NSW: Q&A Access to the Lot for Maintenance of Common Property

Question: Is it possible to access a unit if the owner has not granted permission but the tenant has? This is for the sake of a dye test and roofing repairs.

Answer: The occupier needs to give his consent, therefore, the committee may enter the lot because it is the occupier’s consent which is determinative.

The access provision of the Strata Schemes Management Act, 2015 (NSW) are drafted in terms of the “occupier” giving access.

The definition of “occupier” of a lot means a person in lawful occupation of the lot. Therefore, in our view, the occupier may be the owner-occupier or tenant, so, in your case, the occupier needs to give his consent, therefore, the committee may enter the lot because it is the occupier’s consent which is determinative. Further, the Owner must not “obstruct” or “hinder” the owners corporation and such obstruction or hindrance attracts penalties.

122 Power of owners corporation to enter property in order to carry out work

1. An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work:
   1. work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),
   2. work required to be carried out by the owners corporation by a notice given to it by a public authority,
   3. work required or authorised to be carried out by the owners corporation by an order under this Act.
2. An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.
3. In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
4. In a case that is not an emergency, the owners corporation may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of the Tribunal under this Division.
5. A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section. Maximum penalty: 5 penalty units.
6. An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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