Question: About a month ago the receiver for our automatic garage door openers on the undercover secure garage stopped working properly. While we wait for the repair of the receiver, is it permitted to lock out residents from their own garages?
Answer: Permanent closure of the garage may be a violation of proprietary rights if access to lot space is prevented without consent.
Is there any fire egress through the garage? If yes, that would surely prevent permanent closure pending repair.
We do not have information about the BCA regarding any street access extending to garages.
Permanent closure of the garage may be a violation of proprietary rights if access to lot space is prevented without consent. It may also constitute a nuisance – and could be the subject of some form of injunctive relief.
Any delay in repairing the garage is in breach of the owners corporation’s strict duties to repair and maintain the common property and may give rise to rights of owners to recover damages from the owners corporation for reasonably foreseeable loss as a result of the breach.
For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.