NSW Property Law - Giving Owners Access to Locked Bollard?

[Fredmertz]

A locked bollard was installed on a BA approved car wash. The residents don't have the key - someone on the committee does, but it means that this is common property and the owners don't have access to it. It was voted at a meeting to install the bollard.

Is this legal and what can be done to ensure all owners have access under property law?

 

[Rod]

Start washing your car every day. Maybe someone will get tired of unlocking the bollard and you'll end up with a key.

Owners should not be locked out of common property unless there is some special circumstance.

Why was the bollard installed? Was someone using the space as permanent parking?

 

[Fredmertz]

Yes I believe one of the other owners was using it regularly to park, so does that mean no one has access anymore legally?

 

[Rod]

Hard to say. Would need to read the minutes of the meeting. Sounds like they are wanting to reserve the area as per its intended use. Giving the key to the owner who continually to abuse common property sort of defeats the cost of the bollard.

 

[Fredmertz]

Hard to say. Would need to read the minutes of the meeting. Sounds like they are wanting to reserve the area as per its intended use. Giving the key to the owner who continually to abuse common property sort of defeats the cost of the bollard.

 

[Fredmertz]

Fining the offenders makes more sense to me instead of spending money to inconvenience everyone else.

 

[Rob Legat - SBPL]

Bodies corporate, unless there is something unusual in NSW that I’m not ware of, cannot issue ‘fines’ for breaching by-laws.

 

[Fredmertz]

Bodies corporate, unless there is something unusual in NSW that I’m not ware of, cannot issue ‘fines’ for breaching by-laws.[/QUOTE
NSW: Fines Get Bigger For Breaching Strata ByLaws

 

[Clancy]

If you wanted to wash your car.... I would say it would be far more easy to chase up a bollard key rather than having to chase up some selfish pig and try to get them to move their parked car out of the car wash space!