Unit vigilantes warned

Body corporates unable to order COVID-19 bans

BODY CORPORATE committees on the Gold Coast have issued quarantine notices to tenants for wandering the building, as strata experts warn residents not to take the law into their own hands.

A building manager at a Broadbeach highrise has this week issued a notice to a resident who returned from a cruise eight days earlier requesting they remain in their apartment, after they were allegedly seen leaving the building.

The note, pinned to the resident’s door requested they do not leave their apartment or face the police.

While 14-day quarantine guidelines are enforced by state health authorities, strata lawyers are reminding thousands of apartment residents not to adopt ‘vigilante’ behaviour.

Hynes Legal, a strata law firm, is advising its clients that body corporate committees must act with care when dealing with potential cases of COVID-19 in their buildings.

Head of Hynes strata law practice Frank Higginson said the prospect of hundreds of people being required to stay in place in apartment buildings had the potential to create serious tension.

“People have been fighting in the aisles over toilet paper and spitting on health workers in the street,” he said.

“It is genuinely concerning to think how some might react to being locked down in a large apartment building.

“Body corporate committees must be careful not to take unilateral decisions over who can access common property areas such as resident lounges. There are questions about cleaning of elevators and the handling of deliveries, placement of hand sanitisers and communication with residents.

“The big risk is that residents will take the law into their own hands. Living in strata communities can be fraught at the best of times – add in the pressure of a pandemic and it becomes a powder keg.

“If someone is not self-isolating that is a matter for the police. The residents committee should not get involved.”

Head of the Unit Owners Association Wayne Stevens said residents in high-density living were “somewhat fearful” of the virus spreading within an apartment complex.

“This is a new experience for all of us so apartment owners are adjusting,” Mr Stevens said.

“The question of ‘are our neighbours being safe’ is something that enters your mind, especially when you look at the average age of apartment owners,” he said.

“I am finding there is a general consensus of everyone to distance from one another, there have not been any incidents we are aware of.”

Chris Irons, the former Commissioner for Body Corporate and Community Management with the Queensland Government, said residents should be realistic, not militaristic, in their response to COVID-19.

“People will need to be reasonable. You can’t just ban someone you suspect has the virus from using the lifts.”