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access

By nico nico on Fri, 24 Feb 2012 at 11:08

We received a general notice that state that the access to the guardroom is strictly limited to security and trustees. Our mail is also received and kept in the guardroom until the gardener delivers the mail. When the gardener fails to deliver the mail, we usually go in to the guardroom to collect our own mail. My question, can the trustees “strictly limit” the guardroom to security and themselves?

Please advice

Regards

Replies

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RE: access

Thomas Groenewald replied on Fri, 24 Feb 2012 at 18:23

It is common practice that there are restricted areas within a Sectional Title Scheme. This is for practical reasons. The areas are not forbidden, just controlled. The trustees were elected to manage and control.

RE: RE: access

John Yates replied on Sat, 25 Feb 2012 at 07:12

In my view the trustees do not have the right to restrict entry into any area of common property that all owners own proportionately in accordace with their participation quotas. The trustees may make conditions for entry but they may not introduce blatant restrictions on entry.

RE: RE: RE: access

Thomas Groenewald replied on Sat, 25 Feb 2012 at 22:22

Restrictions? Conditions for entry? There are most certainly areas of which controlled entry is advisable, for example: the flat roof of a high rising building with no railing; the electricity distribution room; the rooms where machinery, tools and equipment are kept; etc. One could argue that it would be 'blatant' dereliction of duty not to limit entry to such common property.

RE: RE: RE: RE: access

John Yates replied on Sun, 26 Feb 2012 at 08:27

Yes Retrictions and Conditions of Entry. We have a swimming bath in our complex with a notice at the gate that says children under the age of 15 must be accompanied by an adult over the age of 18. I'm not sure how the trustees control this one but never the less it is a restriction with a condition for entry.

RE: access

Cal S replied on Sat, 25 Feb 2012 at 11:26

In this specific case, entry to a single area is being restricted, clearly for an underlying benefit to all residents.
We all take security seriously, but if people are allowed to enter the security office at will, there exists a condition where the guards can be distracted from their duties and security can be compromised.
If the only need to access this room is to collect mail, surely it is possible for the guards to hand the mail over to the residents.
The other solution is to install post boxes on the property outside of the security office so that owners needn't enter the office to collect mail.
Rather than trying to push against the trustees instruction, look for solutions to problems their intended action (that has to be assumed to be a solution to another problem) may cause.

RE: RE: access

Anne Greening replied on Mon, 27 Feb 2012 at 21:04

Hi, Nico. I would be uncomfortable with the idea that a gardener in estrusted with delivering mail. As Cal suggested, it would be preferable to have individual post boxes within the complex, and have a responsible person (whether trusee or an employee) who sorts the post into the boxes daily, when it is delivered by the postman.

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