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

[543dsa]

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.

[543dsa]

I meant your last sentence.

[NY]

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".

[tim...]

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

[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?

[tim...]

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

[Terry Coombs]

  Having read all the posts up to this point , it's my opinion that it's time for a blanket party . You and several other residents need to gently explain to this asshole that the balcony is for everyone , and if he continues to block access there's a good chance of bruises and broken bones . You could fill the lock to his condo with crazy glue every time he leaves ... hey , he's denying you access to "your" property , turnabout is fair play .

[michael adams]

Yes Rodney, but only temporarily.

Disabling a lock with superglue costs pennies, certainly as compared with matey having to fit a replacement lock every time.

So who's going to run out of money first ?

michael adams

...

[tim...]

but there has to be an associated agreement for the use of (and payment to upkeep) common areas

otherwise they would just deteriorate

tim

[Meanie]

I assume this is a condominium or neighboring community which usually have a governing board or association. If not, or there isn't a governing board or owner, then it appears ANY unit owner is capable of changing the locks and thus, you'll be fighting the issue endlessly. This is a perfect example of why a governing body is sometimes needed.

One possibility is to organize a gathering of unit owners to discuss this issue and confront the person who is changing the lock and ask them to stop. I may also be a wise idea to seek an election to choose a governing body or person to avoid issues such as this in the future.

IMO, if someone is adamant on changing the lock and aren't obligated to obey any governing board, all the signs in the world will not stop them.

[Fredxx]

There have been a couple of suggestions of superglue the lock. Simple and straightforward.

You can't use the balcony and you simply make sure he can't either.

If there are other balcony areas then you can still have your BBQ.

It would have been helpful if you had given the country this refers to in your first post. This is really a legal matter and not a uk.diy one.

[Fredxx]

How much does it cost there to change the lock?

[Max Demian]

Get a locksmith to change the locks to his flat.

[Dave Plowman (News)]

What if he just wants to prevent others using it due to noise, etc? He may not care if he can't use it himself.

[tim...]

cost me 75 quid

tim

[Tim Lamb]

In message , "Dave Plowman (News)" writes

+1 >

[whisky-dave]

There might also be H&S concerns regarding safety in the event of a fire. We might have this problem here no one yet seems to know, we are having a fire exit built but presently there's no hand rails and it end a few feet from the floor.

[Tim+]

I?m curious. If only one flat owner now has access, how have you/other flat owners restored communal access?

You said ?keep getting the lock changed? so presumably it?s happened several times?

Tim

[543dsa]

When you buy a flat in a block of flats with that type of property title, you get the usual description of the boundaries of the property you are buying, just like with any other real estate transaction, and the rest of the block is common property.

Yes.

No.

Yes.

I'm neither, it is a mate of mine who is one of the owners.

That?s isnt the case.

He has no case that it is his balcony.

The legal situation is clear. The problem is that it isn't at all clear that any solicitor can do anything useful in this situation except fire off stern letters to the miscreant and have him ignore those. with impunity.

It would certainly be possible to commence a civil action and get a court to rule that he has no right to keep changing the lock, but if he continues to do that, with a civil matter, it is far from clear what the court would be prepared to do about that, and how much all that legal shit fight would cost.

And it isnt clear what the mental state of the miscreant is, whether he is deluded about whether it is his balcony or whether he is just trying that on and if he is deluded, what it would take to convince him that it isnt his balcony.

[543dsa]

Because their flat or block of flats doesn?t have anywhere to do that. Yes, they can certainly use public parks etc for that, but it is not very surprising that some choose to use what they have no right to use.

It is obviously part of the block of flats that they have no right to use.

There are no bin men that collect them, the block of flats pays a commercial operation to remove the rubbish.

They in fact had a group of individuals use the block car park for a pissup in the very early hours of one weekend morning.

That assumes it is obvious that they have no legal right to use it. With 60 flats, some of them being rented, it isnt that easy to keep track of who has the right to use communal property and who doesn?t. That?s why that balcony has key access with those who have the right to use it getting a key that allows them to use it.

They are considering locking the rubbish area to prevent the general public from dumping their rubbish in the bins too. But with such a big block of flats, there is always a problem with some who find it a nuisance to unlock doors all the time and who just prop the lockable doors to communal property so that the purpose of the lock is defeated.