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

[Andy Burns]

We don't have them now, yet somehow we manage to get debts settled over here.

[Dave W]

OK. Another idea - can you get a gang of men to hump a heavy item onto the balcony that spoils the space? Maybe the man would get tired of getting his own gang to remove it if you kept repeating the process.

[NY]

Have you established whether his aim is to use the balcony, or is it simply that he wants to prevent other people using it without necessarily using it himself?

I like the idea of a large heavy cumbersome object that is too much effort for him to move.

Or else stage a sit-in where you all (in shifts) occupy the balcony until he brings his locksmith along, and then show the locksmith the legal proof that you all share the use of the balcony and say you'll seek damages from the locksmith if he ever defies the ruling which you have just witnessed that he has read. Do that until you've informed all the locksmiths in the area.

[543dsa]

Yes he does, for various stuff like exercise machines and bikes.

or is it simply

Since its adjacent to his flat, likely he isnt that keen on the other people using it for BBQs too.

But that would stop the other people from using it for BBQs.

Can't see that being viable given that there is nothing to stop him paying more to get his locksmith there at 3am etc.

and then show the locksmith the legal proof that

You can't get damages in that situation here, but it would be a pretty gung ho locksmith that would ignore the evidence that he isnt allowed to change the lock because its not his balcony.

That's not feasible, there are a hell of a lot of locksmiths in Sydney.

[543dsa]

Trouble is that then the other people wouldn't be able to use it for BBQs.

Maybe the man would get tired of

He is one of the people who worked for the builder who built the place and some of the others who worked for the builder also bought flats there, so likely it wouldn't be hard to get them to help him move it as often as he needed to and they are presumably rather ape like individuals too.

[Clare Snyder]

They can't now either, can they?

Just get a lawyer and serve him notice of tresspass. Have the lawyer also send a notice to explain to him what he bought and what he didn't buy. Have the same notice served to every occupant so he can't say you are picking on him. Define the common use areas and what "commonuse" means..

And by the way - "Strata Title" is just Ausie speak for condominium.

The "owners coporation" is the same as a Canadian Conominium Corporation - which is virtually the same in the USA.

There will be a common property rights bylaw registered with the NSW Land Registry Services. Ownwers or potential owners can get a copy of the by-laws through a section 184 Certificate (PDF, 171.46 KB).

If an owner or resident breaches a by-law, the strata committee should first contact the resident and ask them to stop.

If it continues, the owners corporation can serve a notice to comply with a by-law. This notice advises the resident of the breach and asks for the conduct to cease immediately. The notice can be a letter or email and must include the details of the by-law that has allegedly been breached. Download a copy of the notice to comply with a by-law

The notice can't be given without a majority vote at a meeting of the owners. However, the owners corporation can delegate their responsibility for issuing notices to comply to the strata committee or the strata managing agent.

The owners corporation can apply to the NSW Civil and Administrative Tribunal if a notice to comply has been issued and the conduct continues. If the Tribunal believes that there has been a breach of a by-law and the notice was given validly, they can issue a penalty of up to $1,100. If the Tribunal has already fined the owner or occupier within the last 12 months for a breach of the same by-law, the penalty imposed by the Tribunal can double to a maximum of $2,200. In this case, the owners corporation does not have to issue another notice to comply before applying to the Tribunal to impose the fine.

All of this information and much more is available at:

So, now you know "the rest of the story"

so "put up or shut up"

[trader_4]

tion_184_certificate.pdf

ice_to_comply.pdf

I told the troll the same thing a week ago. He just drones on. He acts lik e this is a special problem with a door lock. It's not. It's simply enforce ment of the rules and regulations and property ownership rights that are de fined in the governing legal documents. Condos and similar have problems wi th unit owners parking in visitor spots, misusing common elements, not payi ng their condo fees, etc. The elected governing body has the power to enfor ce the rules, issue violation notices, levy fines, and to institute collect ion, including putting a like on the unit.

[Ed60062]

I've come to the conclusion that he is conducting a social experiment to see how long he can keep others in a circular argument until they (we) give up.

[Dave W]

I didn't mean spoil the space completely - just a little bit annoyingly, so that the BBQ could still work, but he might get annoyed to distraction.