This QLD Q&A article is about keys, fobs, swipe cards or security access in a body corporate.
Table of Contents:
- QUESTION: How can I ensure that all owners in our townhouse complex consider the potential consequences of unsuitable stair repairs, especially when only a limited number of units are directly affected by the loss of access?
- QUESTION: Is the compliance and maintenance cost for dual key apartment internal fire-rated doors a body corporate responsibility?
- QUESTION: The resident’s apartment keys also open the fire doors in our building. If a resident creates a security risk by losing the key, are they responsible for rekeying all the doors in the building?
- QUESTION: Our Body Corporate no longer gives out override keys to owners for the electric car park gate or the electric property entrance gate. I believe I should have my own override key in the case of an emergency.
- QUESTION: Caretaker staff have shared the access code into our secure common property with outsiders. They now access the space. Is this trespass and how can we stop it?
- QUESTION: Our original developer installed intercom system no longer works. The committee is reluctant to arrange the repair. Are they required to fix the system?
- QUESTION: We’ve seen the price of replacement fobs jump to $85 with a new caretaker. Is this charge fair? Can a Caretaker charge whatever they like? What are lot owners paying in other buildings?
- QUESTION: Can an owner leave a key to the complex in an unlocked letter box? The key can open doors to secure a locked foyer which can then lead to the secured garage.
- QUESTION: Residents have an existing card system for opening electronic gates. A new fob system has been installed for the building manager’s maintenance needs but residents have been refused use. Is this correct?
- QUESTION: I am an owner of an apartment in Noosaville. I use my unit for holidays and also let it out via the letting pool. The building manager, who looks after the letting, claims that owners can’t hold keys and must apply at the office to receive a set. What are my rights?
- QUESTION: The Body Corporate wants to install intercom systems in all units. I don’t want an intercom system in my unit. Can I refuse?
- QUESTION: Our 31 story high rise does not have intercom. The original system died and was never replaced. Is it a requirement to have a working intercom in a building of this size?
- QUESTION: Changes to security in our building have lead to me being locked out. I’m in a wheelchair and unable to reach the mechanism for my fob or to access the intercom. I’ve made a formal complaint to the committee, but received no response. What now?
- QUESTION: Can our body corporate decide to reduce the number of garage remotes they supply? At settlement we were provided with 2, but they have now adopted a policy of only 1 remote per car park.
Question: How can I ensure that all owners in our townhouse complex consider the potential consequences of unsuitable stair repairs, especially when only a limited number of units are directly affected by the loss of access?
I live in a two-story townhouse complex with eight units in Far North Queensland. My unit and one other are located on the first floor and are only accessible by external front and back steps. The remaining units are on the ground floor or split-level with two entrances.
Our back steps were recently repaired, but the front steps are in poor condition and need urgent attention. Rear access to the top-floor units is too narrow for some furniture items. The body corporate has obtained quotes to repair or replace the front stairs and plans to vote on this at the upcoming AGM.
Since only two units are directly affected by the front steps, some owners are discussing replacing the steps with an unsuitable, cheaper option. This decision may not be in the best interest of the entire complex. Unsuitable front steps would significantly impact my ability to access my garden, pool areas, the street, and emergency services.
How can I ensure all owners consider the potential consequences of access and make an informed decision?
Answer: Be proactive, and do the work. After all, replacing the stairs is likely to be a once-in-a-decade (or more?) event.
By the sounds, what you are looking at is a motion at an upcoming AGM proposing to replace the front steps with steps that are narrower than the existing front steps. The problem with the narrow steps is, you won’t be able to get yourself, or your various goods and chattels, to where they need to be!
First up – talk to the committee and follow that up in writing. Explain your concerns and get that ‘on the record’ early. Next, do some digging; the National Construction Code / Building Code of Australia may have requirements for steps in the situation you describe. The steps will almost certainly also be a fire egress pathway, and there will be rules about their pitch, width, accessibility, and the like, so they are an effective and safe means of escape from the building in the event of a fire.
Happily, it is usually the case that replacement triggers compliance with the more modern standards, whereas repair (unless it is very significant) usually does not. You may find that compliance with the NCC / BCA, and fire standards, yields requirements for a set of new steps that are quite a bit different from the proposed stairs.
If that is the case, tell the committee. Ask them if they are going to source quotes for compliant steps. If not, you should get quotes and get one or more motions on the AGM agenda to vote on your quotes. Those motions will form part of a group of ‘same issue’ motions voted on at the AGM.
Now, if you do all this work, you will best positioned for:
- compliant options to be put forward, whether by you or the committee, to be voted upon and
- a bad, that is an unreasonable or unlawful decision, to install non-compliant or unreasonably restrictive steps, to be able to be successfully challenged.
Bodies corporate can take away owner amenities in some circumstances (see for example The Village Centre at Kelvin Grove [2022] QBCCMCmr 117). It is on you to look out for, communicate and advance your needs. Be proactive, and do the work. After all, the replacement of the stairs is likely to be a once-in-a-decade (or more?) event.
Michael Kleinschmidt
Bugden Allen
E: michael.kleinschmidt@bagl.com.au
P: 07 5406 1280
This post appears in Strata News #717.
Question: Is the compliance and maintenance cost for dual key apartment internal fire-rated doors a body corporate responsibility?
Is the compliance and maintenance cost for dual key apartment internal fire-rated doors a body corporate responsibility?
Our high-rise building has several dual-key apartments with an entrance door and a small internal lobby with doors leading off to each separate accommodation unit. The apartment building plans approved by the Council show that all three doors are fire-rated and self-closing in dual-key apartments. As all three doors are fire-rated and all have restricted keys, would the body corporate be responsible for checking the compliance of the internal dual-key apartment doors, and is the maintenance cost for the internal fire-rated doors a body corporate responsibility?
Answer: Internal doors would usually be the lot owner’s responsibility.
Internal doors would usually be the responsibility of the lot owner – this is the case whether you are in a standard or a building format plan.
It may be possible to have exceptions to this. Check your CMS to see if there is a specific by-law ascribing responsibility for the doors, or maybe the plans for your scheme draw the boundaries in such a way as to indicate the doors are part of the boundary, making them body corporate.
However, without a notation of this kind, it wouldn’t matter that the doors are fire doors.
Your body corporate manager should be able to assist you by reviewing the plans and demonstrating the areas of body corporate responsibility concerning the relevant plan you are in. They should be able to provide you with a definitive answer, or if it’s a grey area, it may be that the matter needs to be referred to a strata solicitor for further advice.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in Strata News #713.
Question: The resident’s apartment keys also open the fire doors in our building. If a resident creates a security risk by losing the key, are they responsible for rekeying all the doors in the building?
Our apartment key was stolen from our car in the resident’s car park the week we moved in. The police have now returned the key to us. What would have happened if we did not get the key back? The key to each apartment in our large building also opens the fire doors, so a lost key is a security risk. Do apartment keys usually open the fire doors?
Would owners be liable to pay the cost of rekeying the whole building? The building manager and committee have implied this would be the case.
Our by-laws do not mention that the keys also open the fire doors or instructions to follow when a key is stolen or whether the owner is responsible for rekeying the building.
Answer: A by-law cannot impose a financial penalty on you for rekeying.
Welcome to the weird and wonderful world of strata, where things are often complex or ambiguous, and it is challenging to get black-and-white answers.
As your starting point for your strata experience, you have chosen a particularly ambiguous issue. There are no explicit references to keys, locks and fobs in Queensland’s strata legislation, much to the frustration of many, I have to say.
My former Office, the Commissioner’s Office, has produced this rather excellent overview of some of the more common key, locks and fobs issues in strata, and you may find some assistance to your query in it: Queensland Government: Article – Keys, fobs and swipe cards (frequently asked questions).
By way of general information, a by-law cannot impose a monetary liability on an owner (or tenant, known as an ‘occupier’). So, a by-law cannot impose a financial penalty on you for rekeying. There are legislative provisions about how an owner or occupier can be liable for damage caused to common property – I am not sure how this situation would qualify under those provisions. Finally, the body corporate must be ‘reasonable’ in everything that it does, and while there is no specific definition of ‘reasonableness’, you may well have an argument to say that being responsible for the costs of entire rekeying is ‘unreasonable’.
As an owner, you have the right to submit motions to general and committee meetings, so there may now be an opportunity for you to start thinking about motions you could submit that might address some of these issues, including the fire door/security risk you outline below. You ask if that is usual. I’m not sure, except to say that I live in a high-rise apartment block, and I certainly have separate keys for my apartment and the fire doors.
This is general information only and not legal advice.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in the September 2024 edition of The QLD Strata Magazine.
Question: Our Body Corporate no longer gives out override keys to owners for the electric car park gate or the electric property entrance gate. I believe I should have my own override key in the case of an emergency.
What are my rights in regard to car park electric gate override keys? We are owners in a 70+ unit complex in QLD, where the Body Corporate has stated they no longer give out override keys to owners for the electric car park gate, or the electric property entrance gate.
They state the presence of a live-in caretaker is sufficient, however should he be off the property or if it is after hours during a power outage, and a medical emergency arises – we should be able to override the gates to exit the property in our own vehicle urgently. Is there any legislation I can refer to that justifies a formal request for this Body Corporate rule to be amended? It seems absurd and I believe, as an owner with a family, I should have my own override key in the case of an emergency.
Answer: The body corporate has to make reasonable and practical decisions about the safety of the site and it seems like they are trying to do that here.
What’s going to happen if every owner is given an override key? Do you think they will be used responsibly or will owners and occupants just treat them as an additional entrance key?
The body corporate has to make reasonable and practical decisions about the safety of the site and it seems like they are trying to do that here. It’s OK if you disagree, but rather than looking at some legislative catch to force the change, you might want to see how other owners feel. Raise the matter at a Committee meeting to see if there is any support for your viewpoint. If necessary, place a motion at the next general meeting to see what people think. Maybe there is another more practical alternative that could be worked through – perhaps you could volunteer to help investigate what this might be.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in Strata News #623.
Question: Caretaker staff have shared the access code into our secure common property with outsiders. They now access the space. Is this trespass and how can we stop it?
We have a secure area accessed via a gate code in our common property. It should only be accessed by residents and caretaker staff. Some caretaker staff have shared the code with outsiders, who then trespass onto the secure property.
As civil trespass is expensive and laborious to prosecute, is there any state law that protects us? Sharing the code with an unauthorised person is the same as giving a stranger my house and car keys. How do residents protect themselves?
Answer: It would be difficult to establish trespass when the person was invited as a ‘guest.’
It would be difficult to establish trespass in circumstances where the person was invited onto scheme land by an owner or occupier in the capacity as a ‘guest.’
However, the Body Corporate may impose reasonable conditions on the use of access keys and locks at the Scheme.
Relevantly:
- section 94 of the Body Corporate and Community Management Act 1997 (Qld) provides that the Body Corporate must administer the common property and body corporate assets for the benefit of the owners of lots included in the Scheme; and
- in Turtle Beach II [2010] QBCCMCmr 440 the adjudicator provides:
Providing access to and security for the scheme land, including locks and keys, falls within the scope of administering the common property for the benefit of owners. In this regard, it is appropriate for a body corporate to exercise some control over when and how security access cards are issued, to ensure an appropriate level of security for individuals on the scheme and the property belonging to the Body Corporate and individuals. In doing so, however, the Body Corporate must act for the benefit of all owners.
Accordingly, the issue here is whether the Body Corporate has acted reasonably and for the benefit of all owners in approving the requirements of the key system policy and procedures.
The Body Corporate may then direct the caretaker and its staff to stop giving out the code to third parties, or otherwise reconsider the security system currently in place (provided any replacement system is reasonable).
Holly Dunne
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
This post appears in the November 2022 edition of The QLD Strata Magazine.
Question: Our original developer-installed intercom system no longer works. The committee is reluctant to arrange the repair. Are they required to fix the system?
Is the Intercom system, both at the front door and within each lot, common property?
Our intercom system was installed by the developer when the building was erected 20 years ago. The system is no longer functioning. Should this be replaced by the Body Corporate? Our committee states that the repair of the system is not necessary even though residents disagree.
Answer: If it is a body corporate issue, the Committee can’t just ignore the repair, and if they do you might seek resolution through the Commissioner’s office.
Generally speaking, the intercom system is the responsibility of the body corporate while the handset is the responsibility of the lot owner. So, the responsibility for payment depends on what is wrong. You might need a technician to confirm.
If you are not sure in advance what the problem is, you may need to make an agreement with the body corporate to have a contractor attend, accept their advice as to the cause of the issue and have the responsible party make payment to the contractor based on that.
If it is a body corporate issue, then the body corporate has a responsibility to repair and maintain the common property. The Committee can’t just ignore the repair, and if they do you might seek resolution through the Commissioner’s office. Before that stage, you could submit a motion to the Committee to undertake the repair so they can formally vote on the matter.
In this case, is it that the system is not working in just your lot, or has it stopped working for all lots? If the problem is with all lots, then the body corporate may need to look at installing a new system for all lots. You might offer to help get quotes for this.
If the body corporate does not want to install a new system, it could look at removing the existing set-up altogether. In that case, it can be considered a non-structural change and such a change can include the removal of an item of common property. Approval for this is dependent on cost with three standard improvement limits:
- $200 (or up to $300 if approved) x the number of lots: committee resolution.
- More than the committee spending limit but not more than $2000 per lot: ordinary resolution at a general meeting. (Note: only one resolution of this nature of this kind can be passed in a financial year).
- More than $2000 times the number of lots: special resolution at a general meeting.
Removing the intercom system may not cost very much, so it is feasible that it could be taken down by a simple Committee resolution. Whether that is a good question to place in the Committee’s hands could be open to debate. If the Committee thought the matter was controversial or simply that different owners would have different opinions, they could defer the decision to a vote at a general meeting.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in the September 2022 edition of The QLD Strata Magazine.
Question: We’ve seen the price of replacement fobs jump to $85 with a new caretaker. Is this charge fair? Can a Caretaker charge whatever they like? What are lot owners paying in other buildings?
How fob replacements handled in most schemes? Are they usually part of a Caretaker’s maintenance of security hardware/software? Or is this an extra service? Can they charge or even refuse to supply new fobs?
We have an on-site manager and they’ve always bought spare fobs privately, program them as required and deliver the fob to the owner’s mailbox.
Originally they charged $30 for this, which seems to be fair price. However, the next caretaker charged $70 and our new caretaker wants to charge $85!
Surely the time to activate the fob would only be 5-10 minutes. Is a charge of $85 fair? Can a Caretaker charge whatever they like? What are lot owners paying in other buildings?
Answer: Costs are usually determined by the Committee rather than the caretaker.
There is no fixed way to handle fobs but costs are usually determined by the Committee rather than the caretaker. As such you could ask them to confirm if a price has been established and how they are being managed. If there is a price difference between the cost for production and the cost of sale, the body corporate usually receives the difference. Still, each caretaker contract is different so you may need to check the wording of yours.
One advantage of having higher-priced fobs is that people are less inclined to lose them. If they can be replaced at a low amount, they tend to be valued accordingly. Perhaps the policy has been set on that basis.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in Strata News #593.
Question: Can an owner leave a key to the complex in an unlocked letter box? The key can open doors to secure a locked foyer which can then lead to the secured garage.
Answer: There’s no legislation I’m aware of that requires people to be ‘mindful’ or ‘sensible’.
I suspect there is far more to this story than you are divulging here. That said, I’ll address things on face value.
What you really appear to be asking is whether someone should keep their letter box locked. There is nothing in body corporate legislation requiring that. Moreover, there is nothing in body corporate legislation regarding keys generally. In other words, the scenario you are referring to is an ambiguous one at best.
Should the owner be more mindful of security? You’d hope so, and you should take up the issue with the owner if it concerns you greatly. There may – I stress, may – be a by-law regulating this, depending on your scheme’s by-laws. You could also perhaps argue nuisance is being caused, but only if something has actually happened as a direct consequence of the unlocked letter box, although you’d need to have the explicit evidence to back that up.
That said, there’s no legislation I’m aware of that requires people to be ‘mindful’ or ‘sensible’.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in Strata News #557.
Question: Residents have an existing card system for opening electronic gates. A new fob system has been installed for the building manager’s maintenance needs but residents have been refused use. Is this correct?
Our Body Corporate maintains a card system to open the automatic gates to our villas. The Body Corporate has installed a second system using a remote fob. This new fob system has been installed for the use of the building manager and select service providers. Residents have been denied use of the new fob system.
We have many older residents who have great difficulty putting their arm out the window and using the card system and would be safer using a remote fob. Can the Body Corporate deny us access to the system? We are happy to pay for our own remote fobs.
Answer: There may be a more practical solution here than simply asking if the technicalities of the law have been adhered to.
While common property is paid for by all owners, it is possible for the body corporate to restrict access to it where appropriate.
Sometimes there are good and obvious reasons for this – areas like the roof and the switchboard may be common property, but they are generally not suitable for unrestricted access.
In this case it is not clear what the rationale behind the restriction is, so it is hard to say if the restriction is appropriate. As an owner you can reasonably ask the committee or body corporate manager for an explanation and that might inform your next move. It could well be that there is a good safety or security reason for the limitation and in that case you might accept the change. If the limitation is in place just to save money, that might not be sufficient in and of itself. You can also investigate whether the decision to install the new system was reasonably made. For example, was the new system approved at a general meeting or was it a committee decision? If it was the latter there may be more grounds for a challenge. Send your questions through to the Committee and body corporate manager and see what comes back.
I also wonder if there is a more practical solution here than simply asking if the technicalities of the law have been adhered to. The main issue seems to be a fairly straightforward site maintenance issue – some owners would like an upgrade to the access system. Is there a reason why quotes for this can’t be provided and voted on? As you have a building manager they could probably organise this for you. Perhaps there are some other issues at the scheme that make this kind of thing complicated, but treating issues in their simplest form is often the easiest way to resolution.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in the May 2022 edition of The QLD Strata Magazine.
Question: I am an owner of an apartment in Noosaville. I use my unit for holidays and also let it out via the letting pool. The building manager, who looks after the letting, claims that owners can’t hold keys and must apply at the office to receive a set. What are my rights?
Answer: Both parties are right!
This is one where both parties are right!
The owner is entitled to a set of keys for their unit. After all – it is theirs.
The manager will be worried that if the owner has keys they can come and go as they please, meaning that guests in the unit may be disturbed. The owner could give the keys to friends to use. The other issue is security. Imagine if something is stolen from the unit while a guest is in there and there are two sets of keys floating around out there? Who is responsible then?
The middle ground is for the manager to give a set of keys to the owner and the owner agree not to use them without first checking with the manager whether someone is in the unit. The alternative is that the manager may choose not to carry the risk of the issues above and not manage the unit any more.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
This post appears in Strata News #557.
Question: The Body Corporate wants to install intercom systems in all units. I don’t want an intercom system in my unit. Can I refuse?
Answer: If an owner doesn’t want an intercom handset in their lot they are not obliged to connect it.
The body corporate could pass the appropriate resolutions and budget to install a system, the handsets in the units are the responsibility of the owners, so if an owner didn’t want one then he just doesn’t connect to it. If a future owner did, he could purchase the handset and have it connected into the utility infrastructure of the intercom system.
If your preference is to not have an intercom, then the Committee may wish to split the General Meeting motion installation into 2 components:
- Body Corporate install the base unit at the building entrance and all wiring,
- each Lot owner is then responsible for the cost of supply and installation of the handset within the unit.
This would ensure the proposal goes ahead but isolates any owner who does not want an intercom.
Charlotte Divall
SSKB
E: cdivall@sskb.com.au
P: 07 5504 2000
This post appears in the September 2021 edition of The QLD Strata Magazine.
Question: Our 31 story high rise does not have intercom. The original system died and was never replaced. Is it a requirement to have a working intercom in a building of this size?
I live in a 31 story high rise apartment complex in Surfers Paradise with around 10 apartments per floor. We do NOT have an intercom system in place for residents to give access to visitors without having to take the lift to the ground floor or to the car park basement level to personally give access thus also contributing to over wear and tear to lifts.
The building was built in 1984 and it originally had an intercom system. That system stopped working and has never been replaced. Isn’t the committee required to replace the intercom?
Answer: There’s no obligation for a body corporate to install intercom.
I can only speak for body corporate legislation and say there’s no obligation for a body corporate to install intercom. There may well be an obligation under other legislation. You might like to check with agencies such as Building Standards Australia or Queensland Fire and Emergency Services.
Owners can propose motions to general meetings for the installation of an intercom system, you don’t have to wait for the committee to put up such a motion. You’d need to supply quotes for that.
Chris Irons
Hynes Legal
E: chris.irons@hyneslegal.com.au
P: 07 3193 0500
This post appears in Strata News #409.
Question: Changes to security in our building have lead to me being locked out. I’m in a wheelchair and unable to reach the mechanism for my fob or to access the intercom. I’ve made a formal complaint to the committee, but received no response. What now?
Recently the body corporate decided to lock the entrance doors to our complex from 5.30 pm Friday evening until 8.00 am Monday morning without initially advising owners. Last week I went out on a Sunday morning and returned to find the door locked. I had to ask a retail owner to let me in as I am a paraplegic and am unable to use my fob as the mechanism is out of reach from my wheelchair or scooter. Nor can I reach to use the intercom system.
After asking the secretary and the chairman the reason for the lockout, and pointing out how it affected me, I was told that it was for security reasons and if I wasn’t happy, to make a formal complaint to the committee, which L did. I have not had a reply.
It was explained that the reception area is not always open during the weekend. However, there are owners and/or holiday renters frequently going through the foyer and the reception is closed at odd times during the week anyway. There are also four or five CCTV cameras monitoring the foyer area.
There has been no written communication regarding this decision from the committee; just a text from the caretaker. I feel it is discriminatory as it forces me to use another entrance, and is effectively locking me out of the “front” door of my home. Surely I have the right to use this front door the same as able-bodied people. I have read the following extract somewhere – I think under the heading of Human Rights, and I believe it relates to my situation.
“Discrimination can occur when someone is treated unfairly because of their disability than a person without that disability would have been treated in the same circumstances. It can also happen where there is a rule or policy that is the same for everyone but disadvantages a person with a particular disability, which they are not able to comply with, which is not considered reasonable in the circumstances.”
I would be pleased if you could give me some advice as to how best I can handle this.
Answer: Challenge through the Commissioner’s Office and their dispute resolution process.
I can’t advise on your human rights or potential breaches of them. You might want to contact the Queensland Human Rights Commission (link ‘Queensland Human Rights Commission’ – http://www.qhrc.qld.gov.au/) on that matter.
From a body corporate perspective, it seems as though you were invited to challenge the decision to restrict access via a complaint, which you’ve done and you’ve had no response. Assuming you continue to have no response and the situation remains unchanged, you may be able to now challenge it through the Commissioner’s Office and their dispute resolution process. I’d suggest one final written request to the committee to reconsider their decision before doing so – no harm in mentioning to them you are going to lodge an application with the Commissioner’s Office either.
Chris Irons
Hynes Legal
E: chris.irons@hyneslegal.com.au
P: 07 3193 0500
This post appears in Strata News #393.
Question: Can our body corporate decide to reduce the number of garage remotes they supply? At settlement, we were provided with 2, but they have now adopted a policy of only 1 remote per car park.
Our garage door has just been replaced and new remotes have been provided. Initially, when we settled we were provided with 2 remotes, however, the Body Corporate has decided to adopt a policy of 1 remote per car park instead of replacing the number of remotes we previously had. They say this is “industry standard” – wondering if there is an industry standard I can see?
Answer: Each body corporate can determine its own rules.
There is no industry standard that regulates these issues – each body corporate can determine its own rules. However, previous adjudicator orders have determined that the committee cannot change the number of keys an owner is entitled to without general meeting approval as this amounts to a restricted issue. Accordingly, if you originally had 2 keys, you would ordinarily be entitled to 2 keys unless there was a general meeting decision changing this.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
This post appears in Strata News #367.
Have a question about keys, fobs, swipe cards or security access in a body corporate or something to add to the article? Leave a comment below.
Read next:
- QLD: Top Tips To Improve Security in Your Apartment Building
- QLD: Q&A Fire Audit and Fire Door Compliance
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Chetanter says
To enhance the security of our common property pool, there is a proposal to install a password-coded pool gate. As this facility is shared by all owners, it’s crucial that everyone retains access while we ensure the area’s security. Wondering which type of motion resolution required to approve such an installation. Would a simple majority vote suffice for this decision, or is a unanimous vote without dissent necessary, considering it may be viewed as a restriction on owners’ free access if they are not in favor of the password gate setup?
Liza Admin says
Hi Chetanter
Holly Oddo, Mahoneys has responded to your comment within this article: QLD: Q&A Who Can Access Common Property?
Glenis McPhee says
We are unit owners at a resort. We are not part of the letting pool but our unit is let on short term rental platforms. Unit access is by key card but there is no option for cards to be held by reception (because we are not in the letting pool) and no letter boxes. We have installed a small key safe on the front door of the unit. Guests are given the key safe code to access the key card. Body corporate management have informed us we must apply to install the key safe because the front door is common property. Do they have reasonable grounds to deny the application?
William Marquand says
It’s possible the body corporate could deny the application. Maybe on the grounds of the appearance of a lot or safety. Perhaps the addition of the key safe affects the integrity of the door and it needs to be placed elsewhere. However, what matters is that you have done the right thing in making an application. The body corporate now has to make a decision. If they reject the application you have the opportunity to dispute that via the commissioner’s office – the body corporate would need to show that it has made a reasonable decision to reject your application. You could also ignore the decision, leave the safe in place, and let the body corporate take you to court. Maybe they will they won’t. See what the response of the body corporate is and proceed from there,
bida says
Good Afternoon, can I please have some clarity on rulings for fobs and remotes for access into a complex. We are a building format.
The original access into the complex was removes and fobs with only fob access in side gates. The access entry points were upgraded so that the one remote would allow access into the front gate as well as the side gates.
I purchased the new remotes as I needed new fobs for the side gates.
The committee has now decided to not repair the remote access to the side gates via the remotes and now want residents to purchase fobs if they require side gate access.
Should I now be out of pocket again to purchase new fobs because the committee has chosen to change how the side gates are accessed?
Thank you
William Marquand says
If you feel you are unreasonably out of pocket you can write to the body corporate requesting reimbursement. Depending on the circumstances the committee could agree to make the payment to you.
To some extent though this may just be hard luck. Body corporates upgrade their security systems from time to time and old equipment will become defunct when do. There is no requirement to reimburse an owner and whenever the change happens it is possible that it will adversely affect someone who has recently purchased new equipment.
OwnerQld says
What are my rights in regards to carpark electric gate override keys? We are owners in a 70+ unit complex in QLD, where the BC has stated they no longer give out override keys to owners for the electric carpark gate, or the electric property entrance gate. They state that the presence of a live-in caretaker is suffice, however should he be off the property or it be after hours during a power outage, and a medical emergency arises – we should be able to override the gates to exit the property in our own vehicle urgently. Is there any legislation/rule i can throw at them to justify a formal request for this BC rule to be amended? It seems absurd, and I believe as an owner with a family that I should have my own override key in the case of an emergency.
William Marquand says
I have responded to your question in the above article.
Len Chapman says
There is no legislation for common sense! One of our Residents left his Lot key in his locked letterbox for his friends to pick up while he was away on holiday. Same night a gang raided the letter boxes, found the Lot key which also gave access to the communal car park. The Gang accessed the car park on two successive nights undetected and stole hi value goods which were taken away in a car waiting outside. Culprits were subsequently picked up on CCTV – they were two young girls. Is it OK to leave a Lot key in a letterbox? Common sense says it’s not a good idea!
Re Communication Systems: If a communication system was installed originally as part of the developer’s delivery but the system subsequently failed and was not replaced then, surely, the Body Corporate was remiss in not meeting its maintenance obligation.
Matthew says
How do most schemes handle replacement fobs?
Is it an included part of a Caretaker’s maintenance of security hardware/software? Or Extra? Can they charge or even say no?
We have an on-site manager and they’ve always bought spare fobs privately (about $10 each), program them as required and deliver the fob to the owner’s mailbox.
Originally they charged $30 for this, which seems fair. at face value.
However, when the Caretaker changed, the new one started charging $70!
We are about to change again and the next Caretaker wants to charge $85!
It doesn’t seem to relate to the materials, and labour would only be 5-10 minutes.
Is this fair? Can a Caretaker charge whatever they like?
William Marquand says
Hi,
We have responded to your comment in the article above.
Bruce says
The cost of the fob depends upon a number of factors, including the style of the control mechanism, the technology used and the security of the system as a whole. Generally, the cheaper the fob (and associated receiver card and control electronics), the lower the security afforded.
About two years ago, we replaced a faulty gate control system with the latest technology available at the time to upgrade the access provided to residents. The new fobs are supposedly not able to be cloned (if such a beast exists), not easily interferred with by outside electronic devices and only able to be programmed by someone with access to the central control device.
Our new fobs cost approximately $78.00 to purchase, and then programmed onsite at no charge.
This way we can control who has easy access to the complex.
You get what you pay for!!
Ross Anderson says
RE Frank Higginson and the right of access to keys to your own unit…March 29 2022
I appreciate the possibility of the letting agent/caretaker [RUM} having concerns about a lot owner entering their own unit unannounced when tenants are occupying it.
For me, the biggest risk is when the RUM has a master key to all units – whether or not they are are in the rental pool, and regardless of whether you’ve given approval to the RUM – and several copies of the master key have been made over the years to replace those that have been mislaid or stolen.
Master keys are like secrets…
When your front door is common property, a good solution is to insist that it is not operable by the master key and, as well as keeping your own key which is exclusive to your front door, hand a copy to the RUM with a clear understanding of when he may, or may not, use it to access your unit.. How many copies he needs if your unit is in the rental pool is a matter of negotiation.
Refer Trafalgar Towers [2004] QBCCMCmr 153 re your right to not have your front door included in the RUM’s master key.
Nikki Jovicic says
Thanks for your comment, Ross.
For readers who are interested in this topic, you can find out more about Master keys in QLD Bodies Corporate here: QLD: Q&A Master Key System – Who Should Have Access to all Apartments? https://www.lookupstrata.com.au/master-key-system/
Lola says
Question. Qld. SM. Mater keys have been misplaced by previous Body corp Manager. Insurance claim denied, to replace system. What are obligations of our Committee. The master keys give access to our building, the secure garage, most of the 12 units, rear garden , pool , bbq area. We are located in a high occupancy, coast holiday environment, where crime is common. Waiting your advice.
Nikki Jovicic says
Hi Lola
This article should assist: Q&A Master Key System – Should our building manager have access to all apartments?
Dain says
Hi,
This has been bugging me for over 10 yrs now as to how a 31 story high rise apartment complex in Surfers Paradise NOT have an intercom system in place for Owners/Residents to give access to friends / Visitors to their floor without having to EVERY TIME .. take the lift to ground floor or to the Car Park basement level to personally give access thus also contributing to over wear and tear to lifts. Also in the event ( has happened) that all 3 lifts should break down you are left to the mercy of being locked out as the building management has recently shut off access to the stair well.
Without intercom system what is to be should an elderly person have an accident cannot get to phone or anything ..even so.. cannot go to ground level to give access to helper etc?
Is this prudent?
Plus pushing the lifts usage up by double because of the tenant having to use whereas every other residential / Hotel complex supply a intercom system I’ve come across and that many.. yet this building of 31 floors with 11 apartments per floor not offer it? Is this lawful?
The building was built in 1984 and it used to have a intercom system until it was apparently sabotaged destroyed ( sounded like an insurance job) even so.. Why wouldn’t a new one be put in place?
Regards Dain
Liza Admin says
Hi Dain
The following response has been provided by Chris Irons, Hynes Legal:
I can only speak for body corporate legislation and say there’s no obligation for a body corporate to install intercom. There may well be an obligation under other legislation. You might like to check with agencies such as Building Standards Australia or Queensland Fire and Emergency Services.
Owners can propose motions to general meetings for the installation of an intercom system, you don’t have to wait for the committee to put up such a motion. You’d need to supply quotes for that.
Neil Fixes says
Aren’t the OC obliged to maintain the original intercom system?
Ross Anderson says
Re Neil Fixes re maintenance of intercom systems… March 30 2022
I don’t know if your query was simply rhetorical…but if this was my scheme I would look first at BCCM Act s.20 “Utility infrastructure as common pty”, plus the definitions of “utility infrastructure” & “utility services” in the ACT’s Schedule 6 Dictionary. If I concluded that we are talking about common pty, the next step would be looking at the BC’s responsibility for maintaining common pty in good condition. Then I would go to the BC and ask whether they got appropriate approval to decommission the intercom system. Ignorance and neglect are not options available to them
Sandra says
Our apartment building is one unit per floor with internal access via lift with security fob. In January 2020, the body corporate had all fobs recoded including excess fobs cancelled, and new front door keys cut, due to previous complaints. The Chairperson is in possession of master fobs and master keys. His wife and self use these for their convenience and hand them to the cleaners and trades people for work in other units and communal areas, often leaving these trades people unattended.. We have voiced our concerns numerous times
prior to the upgrade and since as it is still continuing. Since the recent upgrade we have had trades people enter our apartment and the Chairperson’s wife and dog. Other than keep complaining what can we do? We have know idea who else has entered when we aren’t there. We are going to install security cameras. This will only gve us recorded evidence of access but won’t it to stop. It is quite distressing.
Liza Admin says
Hi Sandra
The following response has been provided by Chris Irons, Hynes Legal:
Have you been given notices of the entry? The body corporate or its authorised representative does have the power to enter your lot and doesn’t necessarily need your approval for that to occur. Although I can’t imagine any circumstances where the chairperson’s wife’s dog needs to be there.
When you’ve raised your concerns about the above, what response have you gotten? I’m also curious to know how you know these people have been in your lot.
Putting the above to one side, I’d suggest your first step is a written letter to the committee reminding them that they can only enter your lot with appropriate notice (or without notice only in an emergency). Refer to section 163 of the Body Corporate and Community Management Act 1997. You might also want to submit a motion to seek approval to have your locks changed. Failing both of the above then you may wish to consider seeking dispute resolution through my former Office.
If you’re alleging people are entering your lot without any approval or right to be there, that may be a Police matter (e.g., trespass).
Sandra says
To clarify some of the questions asked re – illegal entry via lift with master fob.
No notice has been given for any entry to our unit.
The chairperson holds a master fob for the lift, which gives access to all units..The lift door opens directly into the middle of each unit.
This master fob has been and still is in the possession of the chairperson. It is kept in his unit. In the case of an emergency, no other body corporate member could access the master fob, if the chairperson is away on holidays etc.
The chairperson and his wife have on some occassions used the master fob, rather than his own to access his unit, garage etc.
He also hands this master fob (acccess to all units) to any tradesperson, when they only need to access communal areas.
After the cleaner inadvertently opened the lift door to our unit, while we were home last year (because he was given the wrong fob) he has been supplied a fob only giving him access to communal areas. He was embarrassed and apologetic for something that was not his fault.
We are aware of 6 incidents of tradespeople and occupiers opening the lift door to our unit and sometimes entering, to sticky beak or retrieve a dog that ran in to our unit when the lift door opened. We were home for these 6 occassions and therefore witnessed each breach. We were in our kitchen, lounge, bed and on one occasion one of us in the shower.
We were not expecting anyone to visit, both of us were at home and going about our daily life.
We were certainly not expecting anyone to open the lift door allowing people to walk in if they want or see us in what should be the privacy of our own home. We now feel we have no privacy, risk of illegal entry, possible theft and unable to relax. It also concerning how many times people have entered or had the opportunity to enter when we haven’t been home.
We have sent another letter to the body corporate addressing these issues again, and asking if these issues have been rectified and how.
If there is any more advice you can supply it will be appreciated.
Sally says
Hi there
We own in a high rise that has electronic key locks with a swipe card. The system was paid for by the Body Corp but the caretakers/reception make it difficult to get entry. If the Body Corp approves, can an owner replace the lock? (Without changing/altering fire door) Do they need to leave a key at reception or is that optional?
Thanks
Sally
Todd Garsden - Mahoneys says
Hi Sally
Ordinarily, an owner can make improvements to their lot / common property but with the body corporate’s approval but there would be no obligation on the caretaker to keep the key for you.
However this will also depend on:
1. whether the committee provides that approval;
2. what the by-laws provide for;
3. whether the proposed improvement does affect any other fire safety requirement; and
4. what access you are trying to get (I presume to your lot).
Andrew C says
Our unit block was built in the 1970’s and includes individual garages for each unit, At some stage since, some lot owners have installed remote garage door devices, however I can’t see any mention in the body corporate minutes of permission for these installations. As such, who is responsible for the maintenance of these garage doors given the presumably illegal installation of remote garage doors?
Todd Garsden - Mahoneys says
Hi Andrew
This depends on a few things (such as your type of survey plan, whether the garage is part of the lot or common property and what the by-laws say). Ordinarily the lot owner will be responsible for the garage doors though. Any improvements would also be the responsibility of the owner if they installed them.
Andrew C says
Thanks Mark. The survey plan type is a BUP/BFP, garages are a part of each lot and our by-laws appear to be silent on the matter.
My understanding was if a door is in a boundary wall between a lot and the common property, which the garage doors are, then maintenance is the responsibility of the body corporate. Where my problem lies is where a lot owner has installed a remote garage device (whether legally or illegally), is the body corporate still responsible for the maintenance of the garage door?
KM says
Hi,
Our garage door has just been replaced and new remotes have been provided. Initially when we settled we were provided with 2 remotes, however the Body Corporate has decided to adopt a policy of 1 remote per car park instead of replacing the number of remotes we previously had. They say this is “industry standard” – wondering if there is an industry standard I can see?
Todd says
Hi KM
Your comment has been responded to in the main article above.
Investor37 says
Hello
I have owned an apartment for over 10 years, and the previous owners installed a key lock on the door to the apartment. The original locking mechanism was deactivated and left in place. The installation of the key lock had been approved by the Committee, but proof has been lost by me over the intervening years. The Committee are now replacing all the locking mechanisms on all apartment doors, which has been passed by an EGM resolution. I have no objection and provided access for the new locking mechanism to be installed. However, the technician said that it would not fit because the key lock is in the way. Who is responsible for the cost of having the key lock removed, the door patched or replaced (it is a fire door), and for the technician to come back again? Thanks.
Liza Admin says
Hi Investor37
Due to the nature of this service, we are unable to provide legal advice. Responses can only be of a general nature.
As your question is detailed and relates to a specific situation, we suggest you seek independent legal advice from a qualified professional.
We would be happy to recommend someone to you.
Fran says
If it is the Body Corporate’s responsibility to maintain the garage door (being on a boundary separating the lot from common property), where lies the responsibility for the payment of any insurance excess related to a repair of the garage door – is it the Body Corporate or the Lot owner where the garage door services only the lot.?
Nikki Jovicic says
Hi Fran
This question has been responded to in the following post: QLD: Q&A Who Pays the Body Corporate Insurance Excess for Repairs?
ROSS G ANDERSON says
Jane…many thanks for including the Adjdns’ references so that readers like myself can actually read the source documents. This is a welcome initiative and I hope you continue the practice.
Jirina says
Hi Jane, thank you for such a great information.
There has been instaled a lock case with a key with a code on the screen door of the entry of the common room. One key for more than 40 units. If the key is not returned into the key case, other residents won’t get in. The common room is for a social activities of older residents, inside is a former manager’s office, that has been recently locked and there is no access into it any more. It is a common property. There is no care taker for the scheme. We have the committee, who do not live in and the BC Manager. My question is whether it is ok with one key and locked former office. I know about one owner who has his key from the common room and other owners or non-owners have not any. Thank you.
Nikki Jovicic says
Hi Jirina
We have received the following response from Jane Wilson:
Please call our information service on 1800 060 119. From the details provided, it appears there are a number of issues we can provide some information on and it’s best you talk directly to our information officers about your circumstances.