By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Can a body corporate force access to repair a leaking toilet?

Member’s question:

Good day Paddock Team,

There is a unit that has a leak which comes from the Gibiret in their toilet. The unit owner below has resultant damage due to this and the owner who has the leak refuses to have it repaired and refuses any access to the body corporate, managing agents and/staff as well as the owner below.

Based on section 13.1 of the Act can the body corporate get the Gibiert fixed and debit the responsible owners levy account. My concern being that the owner has involved her attorney and threatens that if anyone enters her unit to do same she will have them arrested for trespassing, slander the body corporate, managing agent etc on social media etc etc.

Please advise.

Thanking you in advance.

Graham’s answer:

Dear member,

Section 13(1)(a) does not allow a body corporate to force access to a section or to do any work to a toilet or its associated parts – it only obliges an owner to allow it access for “maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property”. These are the pipes, wires, cable and ducts that the body corporate is responsible to maintain under section 3.

The only other provision for a body corporate to enter a section and do work on it is in Prescribed Management Rule 31(2), and in this case the member’s failure to maintain their section must prejudice the stability of common property, the building safety, the body corporate or other members or occupiers generally.

The situation you describe does not fall into either of these categories. Here the prejudiced owner below must take action against the owner to force him or her to comply with the statutory obligation to repair and maintain the section. The body corporate has no right to get involved.

Graham.

Can a body corporate do anything about a disruptive play-park in a neighbouring scheme

Member’s question:

Hi Graham

Is it necessary for the neighboring body corporate to get permission from neighbors when erecting a play-park.

The play-park is creating problems, as the kids playing makes a lot of noise, kids are swearing and making trouble, taking pictures of the neighboring body corporate residents. The problem has been reported to the body corporate who erected the play-park, but they have not given sufficient feedback or assistance in this matter.

What can the body corporate do to assist its residents/ owners to ensure that due process was followed or to force the other body corporate to co operate and give solutions?

Regards.

Graham’s answer:

Dear member,

As far as I know, it is not necessary to get neighbours’ consent when erecting a play-park, but to be sure on the point you should check with the local municipality.

Children do tend to make noise when playing, but this does not normally go on all the time and, within reason, neighbours are obliged to tolerate it.

It is not illegal to take pictures of anything you can see from a property.

If the children are just using bad language, that is not illegal. But if they are swearing at residents in your scheme, then that might well be a nuisance.

If you and the other owners still think that the behaviour is an intolerable nuisance, I suggest you consult a local attorney and ask them to write a letter threatening legal action.

Graham.

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Article reference: Paddocks Press: Volume 14, Issue 11.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – November 2019 Edition.