NSW: Q&A Shutting Facilities and Restricting Access to Common Areas
Question: Is it legal to block access to a common area lift from the car park to the foyer?
The Strata Committee is denying access to the elevator via the car park unless you have a doctor’s certificate stating you can’t walk up 12 steep stairs to the front entrance (which then leads to the same lift as the car park lift one level down).
This means that anyone with a disability needs to get a doctor’s certificate before they enter the building via the car park lift. They would then need to pay $130 for the fob key access to be changed. So none of our friends who can’t walk up stairs can just drop by either.
Is it legal to block access to a common area lift?
Answer: Generally speaking and provided the by-laws applicable to your scheme expressly so permit, an owners corporation may restrict access to the common property especially if there are safety/security issues at stake. However, even if a by-law does restrict access to an item of common property, it could be challenged if it would restrict access to your lot.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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