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Section 95. Power of strata company to enter any part of parcel

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Background

Under certain circumstances, the strata company may have to enter a lot to resolve and issue which, if left unattended may become significantly worse, putting the building or even the residents, at risk. 

An example may be a burst pipe within a wall which may only be accessed from within a unit, so it would be necessary for the strata company to request the owner turns off the water and ensure the pipe is properly fixed, before dealing with resultant damage.

What if the owner is un-cooperative or unavailable? In these circumstances, the Act sets out powers which the strata company may use to resolve the situation.

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Section 95 (STA 1985)

This section sets out the purpose for which the strata company may require lot access

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Section 65 

This section sets out the notice requirements and exempts those requirements in the event of an emergency


Notice-of-Entry-under-Statutory-Easement-V1.1.docx

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Section 66

This section 66 (2) clarifies that the rectification of the damage, (caused in process of gaining access) will not be the responsibility of the strata company, if the lot owner refused access after the notice provision or in an emergency situation. 

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Schedule 2A (refer 12A)




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