Annual Fire Safety Inspection - Allegedly Failed to Comply So I Am Being Fined by Strata

Cyberninja on 11/07/2018 - 14:54

Hi Ozbargainers,

I need some advice on how to proceed in the following situation.

I received a letter on 6th-June-2018 from Strata stating that

the annual fire safety inspection is planned to take place Saturday 23rd June, 2018 between 7am to 9am. If you as a resident fail to provide access on the above nominated date then a re-inspection charge of $220 will be enforced and payable by you.

Pretty sure I was at home on 23rd June to provide them the access between 7am to 9am but Strata is claiming that I wasn't and so they are charging me the re-inspection fees of $220!! I didn't hear anyone knocking on the door or ringing the door-bell during that period. Was I supposed to keep the door open for them for the 2 hours period? In the last 2 months, I have never been out of the house on the Saturdays at least until 12 pm (100% sure about this).

I have always complied with such inspections for the last 3 years of my stay at the property (I am a tenant). I don't want to pay the fines because I don't think it was my fault. I have never dealt with Strata before so I don't know how to proceed. What are my options? Any advice would be helpful. Thank you.

Home & Garden

Comments

  • oscargamer on 11/07/2018 - 14:56
    +5

    I'm sure I saw you at home as well.

  • dylo on 11/07/2018 - 15:02

    I knocked and you didn't answer :(

  • sane on 11/07/2018 - 15:04
    +3

    Ask neighbours if they have had similar extortion attempts. You might find the strata are looking to raise income by trying it on with everyone.

    • Cyberninja on 11/07/2018 - 16:46

      Strata responded with

      "only 2 units did not gave access and your unit is one of them".

      If they didn't request the access, how can I give it? :/

      • affable on 12/07/2018 - 10:59

        It could easily have been a mixup of unit numbers. Next time put a wedge in your door to keep it ajar for that 2 hour period, that way there is no disputing that you failed to give them access.

        • PizzaBoy on 27/07/2018 - 14:52

          Putting a wedge in the door would probably mean failing the fire rating component of the inspection, as all fire doors need self closers.

          Can't win!

  • hawkeye on 11/07/2018 - 15:07
    +1

    Ignore they only take care of common areas and what you rent is your business.
    Sounds they've been sucked in by another scamming rip off fire company. Fire Bo$% (another name for a pig) Brisbane tried pulling this shit on us 8 years ago first and last scared the crap out of most of the owners.
    We use Tyco Warmald now

    • Ugly on 11/07/2018 - 15:57
      +1

      I'm thinking the same - why would they need to get access to private property when the fire safety inspection only covers common areas?
      The only fire safety item within your property would be a smoke alarm, so send them a photo showing you have smoke alarms & tell them to jam the fee.

      • jug123 on 11/07/2018 - 19:28
        +1

        If an apartment block they need access to the doors to ensure they comply & they will want to check the smoke alarm is working, without these they wont sign the complex off as compliant

    • Ryanek on 11/07/2018 - 19:44
      +1

      This is false. Most councils require internal fire inspections to the front door, door closer, Lock set and smoke alarms.

      • retiredfeline on 11/07/2018 - 20:04

        Yes, I can confirm that they check the alarms in the unit and the door closer.

  • retiredfeline on 11/07/2018 - 15:15

    The BC here also does this annually which is a PitA because if I go on holiday I have to arrange access. When I get the notice I usually preempt the company by calling them and asking for the earliest slot, adding that they should ring the bell and/or knock loudly because I'm expecting them, so they can't claim I wasn't in.

    • Cyberninja on 11/07/2018 - 16:49

      Couldn't agree more with your second statement. Last time they visited my property, they knocked on the door so gently I couldn't here. I was lucky to see them roaming around in the corridor and had opened the door just to check to who it was.

      • trustnoone on 11/07/2018 - 23:09
        +2

        Thanks for letting me know, I have one coming up next week, I think I might just leave my door (and the door in front of it) wide open, and take a dated time photo, that way they can't argue if they try to do something dodgy, everythings open for them to walk right in.

  • myusername on 11/07/2018 - 15:27
    -1

    i looked through the windows and could see you inside

  • kolorijo on 11/07/2018 - 15:30

    They couldn't see you because you are a Ninja

  • Colombian on 11/07/2018 - 15:40
    +13

    Surely strata manager was an auspost delivery driver sometime ago.

  • Randxyz123 on 11/07/2018 - 15:57
    +1

    Could you have been asleep or in the shower ? Or simply watching a movie with headphones ?

    Personally if I had gotten that notice I would have sat at my kitchen table until they came.

    It’s a possibility that you didn’t hear them. On the other hand they could’ve done a aus post and knocked quietly or rang the bell once. Maybe ask your neighbours if someone came to their door ?

    Otherwise talk to your strata and insist you were at home and waiting for them.

    • Cyberninja on 11/07/2018 - 20:05

      Could you have been asleep or in the shower ? Or simply watching a movie with headphones ?

      None of the above. I was working on my laptop and had no headphones on :/

      knocked quietly or rang the bell once.

      The strata manager said his guy knocked twice. It's hard to ignore the knocks when you are just 15 ft away from the door.
      They didnt ring (confirmed by the strata manager on phone)

      • ozbjunkie on 12/07/2018 - 14:23

        I imagine a search history or modified files matching the time frame would count as evidence of they wish to push the fine.

        Beats their evidence of "it says here we knocked".

        They could have tried harder to reach you if it was "only 2 apartments".

        I reckon they made an error or were really half assed about gaining entry.

        • Cyberninja on 12/07/2018 - 15:07

          I recently found out that the owner of the other apartment (who failed to provide access) was on holidays for the last two months. So he isn't even aware of their initial notice let alone the inspection day. It will be interesting to see his reaction if Strata sends him the notice to pay fine :D

        • Randxyz123 on 14/07/2018 - 11:24

          @Cyberninja: He wouldn't get a fine though. He'd been away for 2 months so all he'd need was proof he was away.

    • Scab on 12/07/2018 - 06:43

      Could you have been asleep or in the shower?

      Or simply watching a movie with headphones?

      Could have been asleep in the shower while watching a movie with headphones on.

  • Brucet on 11/07/2018 - 16:03

    Tell them off.

  • rbr85 on 11/07/2018 - 16:05

    Just tell them that, and say you won't pay. There isn't much they can or will do to make you pay the $220.

  • bohn on 11/07/2018 - 16:24
    +2

    Think OP is in NSW.

    Fire safety inspections - The owners corporation must make sure that access to all areas of the strata scheme is available for fire safety inspections

    https://www.fairtrading.nsw.gov.au/housing-and-property/stra…

    Complying with by-laws- All owners and occupiers in a strata scheme, including tenants, are legally obliged to comply with the by-laws of the scheme.

    Penalties and fines - The owners corporation can apply to the NSW Civil and Administrative Tribunal if a notice to comply has been issued and the conduct continues. If the Tribunal believes that there has been a breach of a by-law and the notice was given validly, they can issue a penalty of up to $1,100. If the Tribunal has already fined the owner or occupier within the last 12 months for a breach of the same by-law, the penalty imposed by the Tribunal can double to a maximum of $2,200. In this case, the owners corporation does not have to issue another notice to comply before applying to the Tribunal to impose the fine.
    https://www.fairtrading.nsw.gov.au/housing-and-property/stra…

    .

    Under current legislation, the Owners Corporation is responsible for repairing AND maintaining smoke alarms IF the smoke alarms are hard-wired to the lot's electricity >supply with a backup battery or connected to a common fire board or panel. However, if the smoke detectors are stand alone and battery-operated, then the lot owner >>(or tenant) is responsible for checking and changing the battery. Ultimately, The Owners Corporation is responsible for replacing or repairing a faulty smoke alarm.

    http://www.strataman.com.au/compliance.html

    Owners corps can be annoying, when you have a problem they often want nothing to do with it, but when they go about doing things like this, they can be a real pain in the arse.

    TL;DR
    owners corp will rekt u.

    Edit: To try and get out of paying the fine I would probably call them up and say it like you said.. you were home, no one came (perhaps the contractor went to the wrong place) - and you have been there for all the other ones. Perhaps they will remove the 'fine'.

    • [Deactivated] on 11/07/2018 - 17:34
      +2

      It's really really hard to issue a fine to people in an enforceable way as a body corporate unless you issue them with a breach notice and they continue to not comply, and you have everything in writing and can prove you've given them the breach notice.

      Ultimately in my BC after the first few years of being taken to the cleaners by a company doing the "mandatory" inspections we found out our particular lot (under 12.5m high) was self-assessable, meaning, we didn't need to pay anyone anything and all we need to do is have a fire drill, which I conveniently conduct when no one else is there.

      • bohn on 11/07/2018 - 21:09

        Yes, every situation is different. Some are not self-assessable so it pays to check what is what.
        And it isn't worth going to tribunals etc.. at least not if you value your time. It's would be best for the OP to get it sorted over the phone IMO.

  • nocure on 11/07/2018 - 17:15

    Check your security cameras…

  • [Deactivated] on 11/07/2018 - 17:54
    +5

    If you have an andriod phone you could use your google location history to prove you were home.

    • Cyberninja on 11/07/2018 - 20:07

      Good point. Let me see. Thank you

      • Cyberninja on 11/07/2018 - 22:46
        +4

        Found the location history. It shows I entered the premises on Friday night and didn't leave until 12 pm on 23rd June. I hope I can use this as a proof of me being present in the house.

        • pinnacle on 12/07/2018 - 08:39
          +1

          If the access (if it is block of units) is through any electronic swipe card, you can also use that to prove you were home. Let the strata go and figure out through the Company managing that system when your card was swiped to get out/in on that day.

  • hawkeye on 11/07/2018 - 21:11

    Think OP is in NSW.

    Fire safety inspections - The owners corporation must make sure that access to all areas of the strata scheme is available for fire safety inspections

    Thats outside of what he rents

    • bohn on 11/07/2018 - 21:17

      It makes sense that the OC would have an interest in all fire alarms, as the OC is the one that organises, pays for, and levies building insurance.

      I believe that the owners should be responsible for the maintenance of smoke alarms (I haven't seen owners corp doing this in Vic) .. and in this case, the OP is a tenant. The owner (whether through an agent or whatever) could easily give the tenant written notice regarding annual smoke alarm maintenance and have it carried out. The only difference is there would be no threat of a fine I guess ;)

      Whatever the legislation - the tenant must endure fire alarm maintenance unfortunately.

  • TheBooleanOne on 12/07/2018 - 08:20
    +2

    I had the same thing happen to me. First they cancelled at the last minute and didn't let everyone in the building know. Second, they claimed they knocked. Called them up and told them i'm not paying anything and it's their problem.

    OP, they're just trying heavy handed tactics. There's nothing you signed to agree you'd pay for a revisit, and it's unlikely you signed anything in the rental agreement.

  • mikekiwimike on 12/07/2018 - 08:49

    Fight it, if you were home then they have the proof from the access logs. It’s quite possible they missed the unit and have marked them as ‘unchecked’ simply because of that reason. Put your evidence together and write a formal letter to the Body Corp stating the facts.

    Good luck

    • Cyberninja on 12/07/2018 - 09:10

      Body Corp

      ?? You mean the strata manager? or OC?

  • driver33b on 12/07/2018 - 09:41
    +2

    If you were on your PC/LapTop you will also have browser/data history timestamps..along with Google location on your phone, it should be indisputable..unless you ignored them???…produce the evidence logs with denied culpability in a statement.

  • driver33b on 12/07/2018 - 09:42

    Good luck…;)

  • Cyberninja on 27/11/2018 - 15:30

    Hi Guys,

    Update: Strata invoiced $220 to the Owner and he paid it without even checking with me first. The real estate agency managing my unit are saying that

    Strata need to reimburse the $220 so they can pass it to the Owner and delete my invoice for $220.

    Strata is not responding to my emails at all.

    Can fair trading help here?

    • TheBooleanOne on 27/11/2018 - 19:14

      I don't follow.

      Did you pay the invoice?
      Is the real estate agent asking you to pay?

      I would imagine this is something between the agent and strata now.

      • Cyberninja on 27/11/2018 - 23:46

        I didn't pay the invoice but the owner did because Strata generated it on the owner's name. My real estate agent then generated another invoice (with same amount) on my name and asking me to pay for it.

        • TheBooleanOne on 30/11/2018 - 00:27

          I would tell the property manager the same thing you told strata - and not pay it. But I guess it depends if you think they'll make your life hell for the duration of your tenancy.

  • [Deactivated] on 28/11/2018 - 20:20

    Your not being fined your being charged an inspection fee.

    $220 seems a little steep though. Perhaps you could search for an inspector who would certify your place for less.

  • [Deactivated] on 06/12/2018 - 08:11
    +1

    Dont pay it , as a landlord im telling you thats the landlords responsibility, dont get bluffed

    And yes it has happened to me too,

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