Q: I’d like to know as an owner and strata committee member can I ask strangers who come onto our common property, a private car park, who they are and if unsure of their honesty ask them to leave our common property?
Can I ask strangers who come onto our common property, who they are and if unsure of their honesty ask them to leave our common property? Jefferson, NSW
A: Vested owners or their representatives can approach visitors or public persons for a courtesy response, however they will likely be met with hesitation as they would want to protect their own privacy.
In addition, unless there is evidence that the person is acting unlawfully, requiring police intervention, requesting they leave has no legal support unless they are formally considered trespassing by the owners corporation.
You may wish to approach the owners corporation seek alternate measures for access control into the property, such as gating the property, using swipe or key access to common areas etc.
The committee may wish to seek legal advice on their options, to consider any local or national laws.