It isnt damaged, just replaced.
or theft if he removes
It is only the barrel of the lock that is changed.
It is completely certain that he is wrong.
Have
Not yet, but he will certainly just ignore that.
Yes, but making it impossible to keep doing that is another matter entirely.
Unlikely given that it is clearly a deliberate attempt to stop anyone else using the balcony.
No.
This isnt the UK.
The lock is changed by a locksmith in both cases.
You and your fellow owners should organise your own BBQs on the balcony every evening ...
Very likely when they don?t have a balcony to use for that.
There is already a problem with those who do not own or rent flats in that block using the communal rubbish bins.
There is when you don?t have a balcony that can be used for a BBQ too.
Would only make him get the lock changed more frequently.
I would suggest a term in the lease or whatever prohibiting it and the person who does this can be excluded from having access to it if they change the lock. If this person is so anti social and has money to burn changing locks, I'd suggest they save the money and move somewhere where they can have their own personal balcony. I'm sure you can try all your suggestions, but really, I'd hope that any good locksmith operating in a building with communal areas would by courtesy obtain permission from the building owner before carrying out any work on it. Next you will find the guy getting a builder in to make him his own balcony it would be ridiculous! Brian
Would not this act come under the law as criminal damage though? Brian
They might well just want to prevent others using it due to noise etc, rather than wanting it for themselves.
First, what exactly is your relation to this problem? The fact that this is a shared part of a building, that there are units and multiple owners means that this is some form of a legalized joint ownership of parts of the complex, ie it's a condo, co-op, etc. In which case there is a Master Deed, Bylaws and rules and regulations that govern what can and cannot be done. Those legal documents also provide for a board or similar that is typically elected from the unit owners to administer the common area, provide for it's maintenance and repair and it gives them the power to ENFORCE THE MASTER DEED, BYLAWS and Rules and Regulations. It also typically provides that they can FINE unit owners who do not comply. This kind of problem happens all the time, someone parking where they are not allowed, to putting obnoxious signs in windows, to running a business out of a residential unit. Typically, the board sends the violator a notice or two and if they persist, they have the power under the Master Deed to levy fines, followed by legal action if necessary to get the offender to comply.
So, where is the board? Are you the president? On the board? That is who has to enforce the rights of ALL unit owners. From a practical standpoint, have you asked a few local locksmiths what the solution is? You could have the board contact the obvious local locksmiths and put them on notice that the door and lock in question is owned by the association of unit owners and not this person and that the association does not want it changed. But the real issue here is what the founding legal documents say and who they put in charge of maintaining the common areas and enforcing the governing documents.
They are the simplest of standard security screws. The real ones are made of hardened or stainless steel to resist drilling. eg
They only have the surfaces on them needed for tightening the screw into the material. Think of it like a ratchet. It is possible to DIY them with a needle file but they would never be as good as a properly made security screw. Damage done to a screw sometimes forces you to drill and extract them. It takes extra time and costs more to do.
Normal screw edge profile __ __ |_| Security screw profile __ __ |_/
Easy to tighten into the hole but very hard to undo.
There is no lease or anything like that. He owns his flat.
and the
It costs a lot more for a place like that than he is spending on changing the lock.
I'm sure you can try all your suggestions, but really,
There is no building owner.
before
Some owners have in fact converted their balconies to an extra room.
No it does not. The lock isn't damaged, just changed.
It is far from clear that a solicitor can sort it.
He is attempting to steal a facility from all
But it isnt clear that a solicitor could sort it.
I meant your last sentence.
When you all moved into the apartment block, as owners or tenants, how was it communicated to you that you had communal use of the balcony? Is there anything in writing or was it a "gentlemen's agreement". I would expect that there would be details of it in the contracts of land transfer (or deeds) between the builders and the owners (whether private, or landlords who rent some of the flats).
Are you yourself an owner or a tenant. If you are a tenant, have you involved/informed you landlord?
Lack of anything in writing works both ways. It weakens your case to say that you and other owners/tenants have access, but it also weakens his case to say that he has sole rights.
Worth consulting a solicitor, especially if he has an introductory deal of "X amount of advice for free".
why?
if you don't stick a sign on the entrance to your block saying "Balcony unsecured please don't use it if you don't live here" how will the even know that:
a there is a balcony that can be used b) that it is unsecured
As I said, that's a complete different situation.
Bins have to be left in an obviously accessible place so that the bin men can collect them, so it's easy for someone to notice it and try to use it. And the use is transitory, so they can do so without being spotted
entrances to communal balconies are usually in less obvious places and the use is continuous, so it is likely that someone will spot them and eject them half way through their BBQ
tim
well if you'd have told us in the first place you were the trolling Aussie you wouldn't have got any replies. So you just have to suck up the ones that assume this is the UK
but who engages (and pays for) the locksmith?
There must be some rules in your jurisdiction for easy collection of disputed communal charges (and worthwhile penalties for non-compliance)
Otherwise no-one would pay these bills
tim
IDK you laws, but I doubt something has to be damaged for criminal charges to apply. If whatever governing body that runs this shared housing complex knows who this person is and puts them on notice and they change the lock again, I would consult with the police. You can't go tamper and screw around with property that you have no right to screw with.
But, as I said in another post, a lot is missing here. In a shared property like this, there is a Master Deed, Bylaws, Rules and Regulations and a board placed in charge of administering the common property. Those legal documents should give them the power to enforce, which typically includes the power to levy fines for infractions ranging from parking in someone else's assigned parking space, to ruining common area equipment, to changing common door area locks. The offending unit owner should be fined and assessed the cost of the board replacing the lock again. If they don't pay, the same legal documents typically spell out the right of the board to lien the unit, etc.
Where are you on all that?
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