Most owners corporations managers will be aware that they cannot enter private lots within the strata community without first obtaining permission, and even then, what they may request permission for is limited.
At Above OCM, we often help OCs understand the limits of access to private lots and guide them through the process of securing permission when needed.
Below, we outline the key occasions when OCs may enter private lots and the process they must follow to do so legally and respectfully.
4 Occasions When Owners Corporations Can Legally Enter a Private Lot
While the reasons to enter a private are limited, there are a few clear-cut reasons:
1. To repair shared services.
If a service that benefits other lots, such as drainage or plumbing, runs through several private lots and needs repairs or servicing, the OC manager can submit a request to access the lot to carry out those repairs.
2. To carry out maintenance that impacts the surrounding lots.
An OC manager may need to gain access to a private lot to carry out maintenance if doing so benefits surrounding lots or common property. This may be for things like tree or hedge trimming, repairing boundary fencing, or tending to leaking roofing of balconies.
3. When the lot owner requests support or maintenance.
Sometimes, a lot owner may need assistance with repairs or maintenance that they’re unable to carry out on their own. In this instance, they may request support from the OC manager to help them with this.
4. In the event of an emergency.
In some emergency situations, the OC may need to gain access a private lot. This can include situations such as fires, flooding, or electrical faults that need to be addressed quickly. It may also be to deal with a medical emergency relating to the lot owner or tenant themselves.
In rare instances, OCs manager may be contacted by legal services, such as the police, requesting access to a private lot. There are three ways police are authorised to enter private premises in Victoria: with the occupier’s consent, with a warrant, or with another legal right.
The OC manager has no authority to grant or deny police access to a private lot, and the police follow separate legislation to act when access is needed.
What Owners Corporations Must Do Before Entering a Private Lot
Even when entry is required, OCs cannot just choose when to enter a private lot. They need to follow a due process:
Step One: Confirm there is a genuine reason or need to enter the lot.
Before requesting entry to any private lot, OC manager need to ensure that the reason is genuine and necessary. This needs to be documented appropriately.
Step Two: Provide written advice at least seven days in advance.
The OC manager needs to provide written advice of the need to enter the private lot at least seven days in advance. The notice should outline the reason for needing to enter, the potential impact of not being able to enter, the date and time the lot will need to be entered, and who will be entering.
Step Three: Authorise the person to enter the lot.
Whether it’s the OC manager, repairman, or another technician, let them know they are authorised to enter and how to do so. If the OC manager or OC committee member is to be present to provide access, let them know or advise of alternative access arrangements.
Step Four: Respect the rights of the lot owner.
Lot owners and/or tenants should have the opportunity to respond and advise whether a different day or time is more suitable than the one proposed. The lot owner and/or tenant can also advise whether they will be present or not. They also reserve the right to deny access for any reason and reschedule if needed.
Professional Support for Owners Corporations
Most of the time, entering private lots goes without incident, but there are occasions when things go awry. Lot owners may change their minds, refuse entry, or miss notices requiring entry.
From managing notices and following up with residents to handling complaints and ensuring everyone’s rights are respected, having a professional OC manager on hand can make a big difference.
The Above OCM team is available to discuss your OC needs and provide support, advice, and guidance that’s a cut above the rest. Contact us today.
