Your lot and common property
BY: PETER THOMSEN, NSW COMMUNITY MANAGER
One of the most contentious matters for owners and committee's in a strata complex is the distinction between what is the owners lot and what is common property.
In most strata schemes, the lot owner owns the inside of the unit but not the main structure of the building. Usually the four main walls, the ceiling, roof and the floor are common property. The internal walls within the lot (e.g. the wall between the kitchen and the lounge room), floor coverings such as carpet and fixtures such as baths, toilet bowls, bench tops are all the property of the lot owner.
A lot owner effectively owns the airspace (and anything included in the airspace) inside the boundary walls, floor and ceiling of the lot.
Lot airspace may include balconies and courtyards. Everything within the airspace must be maintained at the owners cost.
When deciding on what areas are common property in a strata scheme, you must look at "structural cubic space". Structural cubic space includes:-
- cubic space occupied by a vertical structural member, not being a wall
- any pipes, wires, cables or ducts that are not for the enjoyment of a single lot
- any cubic space enclosed by a structure enclosing any of these pipes, wires, cables or ducts
Structural cubic space will be common property unless the registered strata plan shows that it forms part of a lot. The owners corporation must look after common property and do all repairs, unless it decides by special resolution that it is inappropriate for a particular item and its decision will not affect the safety or appearance of the strata scheme. This includes replacing and renewing common property when needed.
The owners corporation can decide at a general meeting by special resolution to do or allow a lot owner to add, alter or erect a new structure that improves or enhances common property. If the ongoing maintenance for any alteration, addition or erection is to be the responsibility of a lot owner, a by-law must be created. Otherwise the owners corporation becomes responsible for the ongoing maintenance.
