Garth Morgan outside the Ocean Resort Village. Picture: Tony Martin
Garth Morgan outside the Ocean Resort Village. Picture: Tony Martin

Unit owners ‘hamstrung’ over security key battle

UNIT owners are locked in a battle with the former letting agent of their Mackay-based flats over access to security gate keys.

Some of the landlords claim they are unable to lease their properties at Ocean Resort Village because they cannot supply the fob key to prospective renters.


At least four owners have filed an application with the Queensland Civil and Administration Tribunal, claiming their repeated efforts to have the keys returned had been denied.

They say the issue began when their arrangement with letting agent CL and EJ Pozzetti Pty Ltd ended on December 31 last year. However, the letting agent has said the issue is a body corporate matter.

Garth Morgan, who owns units 13 and 19 at the Bridge Rd address, said some owners might go all year "without having anyone in their units".

Garth Morgan outside the Ocean Resort Village. Picture: Tony Martin
Garth Morgan outside the Ocean Resort Village. Picture: Tony Martin

His case went to mediation last month and has been listed for hearing in August.

Victoria-based Lucy Alvaro described the situation as "just one big mess".

Her 83-year old mother, Maria Burgio, owns unit 30, which is currently vacant.

Ms Alvaro, who has power of attorney for her elderly mother, said the dispute had been stressful.

"She is a pensioner … she's had to pay body corporate fees and can't get anyone in the unit," Ms Alvaro said.

Her mother's case will also be listed for hearing.

Ms Burgio, along with Mr Morgan, Gold Coast-based Lisa Zenz and Chinchilla-based John McNally have since moved their property management from CL and EJ Pozzetti Pty Ltd to Mackay real property manager Petra Warsow, who now manages 15 units at the Ocean Resort Village complex.

Ms Warsow said she had been unable to obtain security fob keys for multiple units, meaning they are unable to be rented.

Mr Morgan, who is from Mackay, said under body corporate rules each owner was allocated two fob keys with the option of buying a third.

He has been trying to obtain a third to hand over to Ms Warsow because the others were with his tenants.

"It's been a frustrating time," he said.



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Ms Alvaro told the Daily Mercury that whenever she contacted CL and EJ Pozzetti she was told it was a body corporate issue. Both she and Mr Morgan said they had contacted their body corporate for a resolution but had received no response.

Lisa Zenz, who owns unit 17, is trying to obtain a replacement security fob for one which she was told by the former letting agent had been "lost or stolen". She too has filed an application with QCAT.

"I'm so angry. I just want my goddamn key," she said.

John McNally, who own unit 33, said every time they had asked about having the fob keys returned they just received an unclear response. Their unit is also currently untenanted.

"We can't do anything. We are totally hamstrung," Mr McNally said. "We believe that those fobs are our property. Every unit had fobs assigned to them, (they) should belong to the owner."

Mr McNally also completed a mediation session and a conditional agreement has been reached for two access fobs to be obtained within a time limit.

Mr McNally said he had applied to the body corporate for the keys but had not received a response.

The Daily Mercury contacted CL and EJ Pozzetti Pty Ltd for comment but was told "this is a body corporate issue … not the issue of CL and EJ Pozzetti Pty Ltd".

The Daily Mercury also tried to contact a representative of the body corporate for Ocean Resort Village, but did not receive a response.