Common Property Issues

Common property is the responsibility of the owners corporation and is created on registration of any strata plan or strata plan of subdivision which provides for it (s.7(2) Strata Schemes (Freehold Development) Act 1973).Generally it comprises the land in a strata scheme which is not contained within the individual lots.

Many disputes in Strata schemes involve the repair, use, or exclusive use of common property by the unit holders. All Strata Solutions experienced property and legal team can assist in resolving these disputes, either by direct negotiation with the executive committee and managing agents on your behalf, or engaging our alternative dispute resolution councillors. In the alternative as a last resort we can help in preparation of your case to the Consumer, Trader and Tenancy Tribunal.

Unit holders should be aware that ownership of their lot really only comprises of ownership of the airspace within their lot. The airspace can be defined as the areas between the ceiling the floor and the boundary walls but can also include the airspace over balconies and courtyards. Internal walls within the airspace are generally part of the lot owner’s responsibility with all other parts of the property being counted as common property and thus the responsibility of the Owners Corporation.

Main areas of common property include:

• Common passageways including ramps, stairways, landings, foyers, floor footing space

• Walls and windows that do not form an interior part of the lot as defined above

• The airspace above and below the building

• The slabs between the lots

• All land outside the building excluding land occupied by the strata lot or any part of a strata lot not within a building for example courtyards and car space etc.

• Balcony doors are common property if the plan was registered after 1 July 1974

• Originally fitted door and window furniture, such as locks, door knobs, peep holes etc.

• Electrical wiring and pipes in common property which services more than one lot

• Roof and swimming pool areas.

All Strata Solutions can provide you with quick easy to understand advice regarding common areas and common area disputes. It should be noted that you must not interfere with any support or the common property, or interfere, with provision of water, sewerage gas, drainage or other like services. It is advisable to consult the owner’s corporation and give them at least 14 days notice before altering the structure of your lot.

Our expert team can provide you with more information or assistance with a Strata management issue. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.