Decoding Common Property: A Comprehensive Guide for the Savvy Owner

Common property refers to the areas and features of a strata scheme (or similar community title arrangement) that are owned jointly by all the owners within that scheme. Think of it as everything that isn’t specifically designated as part of an individual lot. From the roof over your head to the garden beneath your feet (figuratively speaking, of course, unless you live on the ground floor!), common property plays a crucial role in the management and upkeep of shared living spaces.

Understanding the Nuances of Common Property

While the core definition is straightforward, the specifics of what constitutes common property can be a bit of a labyrinth. It varies depending on the state or territory where the property is located, and is defined specifically in the relevant strata legislation. Generally, it encompasses areas like hallways, stairwells, elevators, gardens, swimming pools, gyms, parking areas (if not part of a lot), and the structural elements of the building itself, like the walls, roof, and foundations.

However, the devil is often in the detail. For instance, while the exterior walls are generally common property, the internal surfaces might be part of the individual lot. Similarly, while pipes serving multiple lots are generally common property, pipes exclusively serving a single lot might be the lot owner’s responsibility.

Crucially, understanding what constitutes common property is vital for several reasons:

• Maintenance and Repairs: Knowing what is common property defines who is responsible for its maintenance and repair. Typically, the owners corporation (or body corporate) is responsible for maintaining and repairing common property, using funds collected from levies paid by the lot owners.

• Alterations and Renovations: If you are planning any alterations to your lot that might affect common property (e.g., knocking down a wall that is part of the building’s structure), you’ll likely need approval from the owners corporation.

• Insurance: The owners corporation is usually responsible for insuring the common property, protecting it against various risks like fire, flood, and theft.

• By-laws and Rules: The use of common property is governed by the by-laws (or rules) of the strata scheme. These by-laws can dictate everything from parking restrictions to noise levels to the use of recreational facilities.

In essence, navigating the intricacies of common property requires a careful review of the strata plan, the strata legislation, and the by-laws applicable to your specific scheme. Don’t hesitate to seek professional advice from a strata manager or a property lawyer if you are unsure about your rights and responsibilities.

Frequently Asked Questions About Common Property

Here are answers to some frequently asked questions that clarify your understanding of common property:

1. What documents define common property?

The primary documents are the strata plan (which shows the boundaries of the individual lots and the common property) and the relevant strata legislation in your state or territory. These documents, along with the by-laws specific to your strata scheme, provide the complete picture.

2. Who is responsible for maintaining common property?

The owners corporation (body corporate) is responsible for the maintenance and repair of common property. This responsibility is typically funded through levies paid by the individual lot owners.

3. Can I make alterations to common property adjacent to my lot?

Generally, no. Any alterations to common property require the approval of the owners corporation. This is because such alterations can affect the structural integrity, appearance, or functionality of the common areas, impacting all owners.

4. What happens if a visitor injures themselves on common property?

The owners corporation’s insurance policy should cover such incidents. It’s crucial to ensure that the insurance policy adequately covers public liability for injuries sustained on common property.

5. Can the owners corporation restrict my access to common property?

The owners corporation can only restrict access to common property if there’s a valid reason, such as for maintenance, repairs, or if you are in breach of the by-laws. Any restrictions must be reasonable and proportionate.

6. What if I believe the owners corporation isn’t maintaining the common property adequately?

You can raise your concerns with the strata manager or the owners corporation committee. If the issue isn’t resolved, you may have grounds to pursue mediation or tribunal action to compel the owners corporation to fulfill its maintenance obligations.

7. Are balconies considered common property?

This is a tricky one. In many cases, the balcony structure itself is common property, while the internal surface of the balcony (the floor) may be part of the lot. Check your strata plan and by-laws carefully for clarification.

8. What are exclusive use rights on common property?

Exclusive use rights grant a specific lot owner the right to use a portion of the common property as if it were part of their lot. Examples include parking spaces, courtyards, or storage areas. These rights are typically granted through a by-law and may come with specific conditions and responsibilities.

9. Can the owners corporation charge me for damage to common property caused by my guests?

Yes, if the damage is directly attributable to your guests, the owners corporation can hold you responsible for the repair costs. This is often covered by the by-laws regarding responsibility for damage.

10. What happens to common property if the strata scheme is terminated?

If the strata scheme is terminated, the common property will typically be sold, and the proceeds will be distributed among the lot owners according to their unit entitlements. This is a complex legal process, and professional advice is essential.

11. How are decisions made about common property?

Decisions about common property are made by the owners corporation, usually at general meetings. Each lot owner has a vote, and the weight of their vote is typically determined by their unit entitlement. The owners corporation may delegate some decision-making power to the strata committee.

12. Can by-laws change what is considered common property?

No, by-laws cannot fundamentally alter the boundaries between the individual lots and the common property as defined in the strata plan. They can, however, regulate the use of common property and grant exclusive use rights. The strata plan is the definitive document for defining common property. Any changes to it require formal legal processes.

Understanding common property is paramount for a harmonious and financially sound living environment within a strata scheme. By knowing your rights and responsibilities, you can contribute to the effective management of your shared spaces and protect your investment.