How can I get a set of updated by-laws and resolutions of my strata plan? Recently the committee replaced a door and lock and now refuse to give me a key. How can I correct this situation? – Tehila, NSW
Q: How can I get a set of updated by-laws and resolutions of my strata plan?
I own two apartments that are the only ones located directly under the roof. I had water ingress to both apartment and Mould in one apartment. I always had a key to the roof so I can let access to repairers but recently the Committee replaced the Door and Lock and now refuse to give me a key.
As far as I know, there is no by-law restricting access to common property in our building yet I am deprived of my right to access the roof.
How can I correct this situation?
A: The most up-to-date copy of your by-laws and resolutions can both be accessed through contacting either your strata committee’s secretary or your strata manager.
As for access to the roof: it may be best to speak to your strata committee about the decision. It may also be worth looking at the minutes of previous meetings (again accessible via your committee’s secretary or strata manager) to find if the matter was addressed and what motions were suggested and passed.
Usually, there are areas of your strata property where access isn’t allowed due to safety concerns. The roof may fall under such an area given the risks associated with falling. It is unusual for the roof to be considered a common area, but generally speaking, the committee shouldn’t be restricting access to common areas unless there are health and safety concerns such as spraying for pests or construction works as some examples.
If disputes arise from key access you may wish to call upon your strata manager for internal mediation. As a last resort if all else fails you may wish to submit an application through the NSW Civil and Administrative Tribunal (NCAT).