Common property door lock keeps getting changed by one of the unit owners

I've spelled that out for him, several times now, but no response. This isn't a lock problem. Condos, co-ops and similar have all kinds of problems like this. People parking in parking spots reserved for guests. People bringing commercial vehicles which aren't allowed onto the property. People letting dogs run where they are not allowed or having pets where pets are not allowed. Damaging common area elements. In all those cases the board of trustees, elected from the unit owners enforces the rules. And the legal documents that establish the owner's rights and OBLIGATIONS, give the board the power to fine unit owners if necessary. It becomes just like a maintenance payment, subject to the same collection. If they don't pay, the fines can be turned into a lien against the property, turned over to debt collection agencies, etc. Since the perp is tampering with common element property, the board should also call in the local police and they will likely at least have a talk with this person.

Reply to
trader_4
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You can spell it out but he isn't listening. He is either playing around or is in a third world country without property laws and courts, or is missing important information.

Reply to
Ed60062

I agree, you're a troll. What in hell do you expect people do for your idiot friend in another country??

Reply to
ItsJoanNotJoann

The lock needs to be installed with tamperproof fasteners to thwart the pirate - and he needs to be charged or evicted if the behavior continues.

Common Area is Common Area -

Reply to
Clare Snyder

Don't know how the Limeys do it, but here in Canada there are "condominium boards" that make and enforce the rules. A lien can be placed on the property for non-payment of fees, and if the miscreant is a tennent, not an owner, the owner can be forced to evict the tennant.

Another solution is to drill and remove the lock every time the miscreant changes it. He'll soon stop buying locks.

Reply to
Clare Snyder

Cut off the hinges and lock the gate away in a secure location.

Reply to
Clare Snyder

If it is completely clear that this a communal area - written into deeds, contracts, tenancy agreements or whatever - surely you can get the management company to organise a solicitor's letter to him warning that if he has it changed again they will charge him for replacement, plus time and effort organising it.

After he has changed it a few times, they can bill him and when he refuses to pay, they can take him to the small claims court with copies of the initial letter, proof of delivery and subsequent bills for the replacement.

SteveW

Reply to
Steve Walker

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Why not? He's got to pay the rent, doesn't he? Who's the owner for this property that does the changing back?

It's never been stated so far as to what the actual organization of the ownership of these units is.

Reply to
dpb

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That's damage to the base property and probably some other specific items as well in infringement of rights and such.

There are all kinds of damages other than purely physical.

Reply to
dpb

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You want cheap or effective?

Take your choice--if you're not willing to ante up to stop the problem, you'll continue to be taken advantage of.

If it comes to actual court action, you'll have the opportunity to collect costs and since the person must have assets in order to do this frequently out of own pocket, applying liens against those to collect would be of some effect.

Reply to
dpb

On 9/21/2018 2:44 AM, 543dsa wrote: ...

I wouldn't be so prone to discount it being criminal action against the property a priori...there's tort damage other than just physical when tampering with someone else's stuff.

As others have said, at least get a consultation if you have any intent of following up on it and getting any satisfaction.

Clearly without either physically restraining the dude or having something other than "please" to back up action you're not going to get any where.

Reply to
dpb

Yes I did, currently the owners committee is paying and sending him the bill for the changed they get done to reverse what he had got a locksmith to do. He is obviously paying the locksmith to change the lock to his own unique key that no one else has a key for.

Reply to
543dsa

Because it isnt possible to make him pay the legal costs.

Just the much lower cost of changing the lock, which he is being billed for. It remains to be seen if he will pay that.

This isnt in the USA.

It doesn?t work like that here, in Australia.

Reply to
543dsa

That's illegal.

And then he will just get the balcony door lock changed, again.

Reply to
Rod Speed

Yes, but he is free to ignore that.

And even if the small claims court tells him he has to pay that, he is free to ignore the small claims court.

We haven't had debtors prisons for centuries now.

That?s why a mechanical solution that stops his locksmith changing the lock is a much better approach, but it appears that isnt possible. I was basically just confirming that it isnt possible to prevent his locksmith from changing the lock by having a more secure lock installed.

Reply to
Rod Speed

Nope, he's an owner, not a renter.

Each of the 60 flats/apartments is owned by separate individuals.

It?s a strata title building in Australia. Sort of like a condo in the US, but legally quite different in detail. We don?t have anything like home owners associations here.

Reply to
543dsa

No its not.

But is isnt CRIMINAL damage.

And you're confusing rights with damages that can be awarded when some actions are taken.

Reply to
543dsa

It isnt likely to be cheap or effective. He is free to ignore what the court rules.

We havent had debtors prisons for centuries now.

Its unlikely that anteing up will stop the problem.

Not here.

He doesn?t have to have assets to do that, just income.

Reply to
543dsa

It isnt someone else's stuff, its common property.

Waste of money if it doesn?t stop the problem and it wont.

Not even legally possible to do that.

Pissing heaps of money into lawyers pockets isnt going to get anywhere.

Reply to
543dsa

Aha, so this is an Australian strata association. Then there is an owners c orporation responsible for all we have been talking about. That group of ow ners is responsible for collecting assessments to maintain the common area, establishing bylaws, etc. It also has the legal authority to levy fines an d file liens against owners. As far as I can see, this whole discussion is because 543dsa is not aware of the legal structure of his mates living quar ters.

Reply to
Ed60062

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