NSW: Q&A Landlord Access Gym and Pool While Apartment is Rented

This article about whether a landlord can access building facilities like the gym or pool while they have their apartment let has been supplied by Karina Heinz, Progressive Strata Services and Tyrone Shandiman, Strata Insurance Solutions.

Question: My apartment in a multi level apartment complex is let for 6 months. As a landlord, am I able to still access the amenities like the gym and pool while my apartment is rented?

GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE

I am an owner of an apartment in a multi level apartment complex. I have a tenant in my apartment under contract for 6 months.

As an apartment owner I am continuously paying strata levies. As a landlord, do I relinquish my right to use the amenities like the gym and pool while my apartment is rented?

Is there a Strata law that prohibits me from using the apartment amenities while my apartment is currently rented?

Answer: Removing a member should be done cautiously so take the time to try to set it up properly.

Karina: I don’t think there is a strata law that covers this. It is generally covered by smart scheme’s via a bylaw – the question is then is it reasonable?

I think one has to appreciate that potentially the facilities are then being used twice as much and thus the wear and tear will be more. Is that fair? If it was someone else doing it, would you be OK with it? The owner is essentially getting double the benefit for the same cost (levy).

I think the bigger question is – are the owners covered by the scheme’s insurance if they are not a resident? I wonder too about the Tax implications. If you are making money renting the apartment out, are you not also getting a benefit (like fringe benefit on a car) by using the facilities instead of paying for them elsewhere?

Tyrone: This is a very interesting scenario.

The policy covers the owners corporation’s interest and does not actually cover the lot owner (owners need their own landlord’s insurance). There are no exclusions in the policy that specifically deals with this scenario. From the insurer’s perspective, the building is being used for residential purposes.

What are your thoughts? Should a landlord access building facilities while they have a tenant residing in their apartment? If you have a question or something to add to the article, leave a comment below.

Embed

This post appears in Strata News #301.

Karina Heinz P: 02 9389 9599 E: manager@prostrata.com.au W: https://www.prostrata.com.au/

Tyrone Shandiman Strata Insurance Solutions T: 07 3899 5129 E: tshandiman@iaa.net.au

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

Read next:

• NSW: NCAT says Landlords are not responsible for Tenants’ Noise
• NSW: Q&A Can tenants attend strata meetings and hold positions on the committee?
• NSW: The Owners Corporation Threatens the Right to Access My Lot

Visit Strata Insurance, Renting / Selling / Buying Strata Property OR NSW Strata Legislation pages.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.