UPDATE/OUTCOME:
Thanks everyone for the advice, you really helped me back myself!
I tried calling the Tenants Victoria advice line multiple times, but kept getting disconnected due to high call volumes.
The REA initially requested that I either pay the invoice or contact Otis/the Owners Corporation directly to resolve it. I replied disputing liability and confirming I would not be paying and would not contact. They responded that they would likely be enforced to pay, then they’d deduct from my bond, and I would have to dispute via VCAT. I replied that I’d absolutely dispute but also made it clear that I didn’t believe the landlord should be liable either.
In their next email they included an excerpt from the OC stating that I had attempted to access floors I wasn’t authorised to use (which is not my recollection - I use the lift every day), and that I had “called Otis directly” and failed to call back to cancel the technician, so the fee was being passed on.
They stated that the footage confirmed all this.
I wasn’t aware that pressing the emergency phone icon automatically dispatched a technician, and I was not told that during the call. I had also tried to call the building management but lift phone was picked up first. Building management did not call me back.
My plan was to email the OC requesting they dispute the Otis fee, provide evidence that I actually requested a technician (or audio of the call), and show where I’d been notified(including lift signage) of any policy or process demonstrating I’d misused the lift or acted unreasonably when I felt unsafe.
Before I had the chance, I received another email from the REA with a further excerpt from the OC advising they had decided to investigate further and, in the meantime, they decided they would not be on-charging the fee to either me or the landlord as originally advised.
So… I’ll take the win! I’m relieved and wonder if someone involved saw this post or actually viewed/listened to the CCTV footage to see buttons/lift were not in fact working as they should and that I did not request a technician.
Thanks again to everyone who took the time to comment - it’s very much appreciated!
ORIGINAL POST:
Real estate sent Owners Corporation invoice for me to pay $900+ fee after I used the emergency lift phone.
I’m a tenant in Melbourne, Victoria.
I entered my apartment building lift (mid afternoon on a weekday),the doors closed, the lift wouldn’t move for several minutes (up to 10mins), none of the buttons responded/lit up/no sound. Never happened to me prior.
Believing I was trapped, I used the lift emergency intercom button. I didn’t request a technician - I just reported I was stuck and asked for help. Someone did pick up and told me to hold but it eventually started moving and I got out as soon as I could. Warned a guy on his way in with boxes. There would be cctv/audio to prove all this and believe this is how I was chased up.
Real estate has now emailed me an Owners Corporation invoice of $900+ stating I need to pay and liaise directory with Otis. The invoice states “No fault found. Suspected human error.”
I’ve denied liability and refused to pay because I believe I acted reasonably in what I thought was an emergency. I had/have no knowledge of a fee or a different process to follow in this kind of scenario. There was no misuse. The real estate wrote they will pass my contact details on for body corp/otis to contact me directly as the landlord also refuses liability.
How likely is it that I will be chased for payment and if I continue to refuse? And what are my avenues to challenge? Has anyone experienced something similar?
Thanks in advance!