Body Corporate power to enter lot – what does this mean for property owners under a Community Titles Scheme?
Power to Enter Lot
In Queensland, the Body Corporate and Community Management Act 1997 (‘the Act’) governs the establishment, operation and management of community title schemes.
Section 163 of the Act sets out authorised personnels power to access lots under a Community Titles Scheme. Under this section, it states that an authorised person, may enter a lot and remain on the lot when it is necessary to:
- to inspect the lot or common property and find out whether work the body corporate is authorised or required to carry out is necessary; or
- to carry out work the body corporate is authorised or required to carry out.
The entry to the lot must be at a reasonable time and after at least seven days’ written notice. It is important to note that in the event of an emergency, notice is not required to be given.
Although the Act, does not specify what should be included in the written notice from the Body Corporate, to avoid ambiguity the notice should include:
- Details of the person entering the lot;
- The date, time and duration the person will be entering the lot; and
- Scope of works to be completed.
It is important for property owners to be aware that under this section it states that you must not obstruct an authorised person who is exercising or attempting to exercise its power in a legitimate capacity under this section.
What Does This Mean for Property Owners?
Simply, this means that if a Body Corporate gives you notices of the requirements to access your lot to inspect the property or carry our required works within the required 7 days, regardless of whether you agree , the body corporate is entitled to this access. This requirement extends to both owner occupiers and tenants.
Although, you are required to permit access to your property for the reasons outlined above, the Body Corporate or authorised personnel are required to minimise the disruption to you and not impose an unreasonable enforcement upon you.
It is also important to note that as a property owner, you are not required to give the Body Corporate or Authorised personnel a key to your property for the access.
If a Body Corporate or other individual are seeking access to your property in circumstances other than outlined in section 163 of the Act, this may be unlawful entry.
Obtaining Advice
In any circumstance where the request to access your property is unlawful or will cause a significant impact on you, you should be sure to obtain professional assistance to understand your rights.
If you require advice or assistance with a body corporate dispute, please contact the experienced team at Miller Sockhill Lawyers on 07 5444 4750 today.
The content of this article is current at the date of publishing and is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Grace Barnes, 18th March 2024