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The body corporate can use this power to enter any part of the scheme land, provided entry is correctly authorised and reasonably necessary. This includes the inside of all rooms within the dwelling, as well as exclusive use areas like a balcony, courtyard, storage area, or garage.
Example 1 – Water is coming through the ceiling of a unit, causing damage and electrical issues. As an emergency, the body corporate can, without notice, enter the unit above with a master key. This will be for the sole purpose of inspecting the lot to determine the cause of the leak in order to make repairs – regardless of whether it is a body corporate responsibility or a lot owner’s responsibility.
Example 2 – The body corporate inspected the fire doors of an apartment building, and some require adjustment or replacement. This work requires access to each apartment for a brief time to carry out repairs to the door. The body corporate issues a non-urgent entry notice for a date 14 days in the future. They can access all lots using a master key, whether the owner or tenant is at home or not.
Unlike tenancy entry, there is no specific form for a body corporate to enter a lot. However, unless it is an emergency, the body corporate must give at least 7 days’ notice in writing to the tenant or owner-occupier.
BCsystems can provide a template, available on request for this purpose that sets out the date, time, and purpose of the entry, along with any preparation work that the owner or resident should do before the visit.
Body corporate by-laws typically regulate the approval process for keeping animal(s) within their scheme. When it comes to assistance animals – such as certified guide, hearing, or assistance dogs, there are distinct legislative protections that override typical pet-related rules.
It’s essential to understand the boundaries and responsibilities of communication within a body corporate framework, as outlined by body corporate legislation. While committees can, and often do, acknowledge resident correspondence, they are not legally required to respond to every question or comment.
