For any unit owner as part of a strata scheme, body corporate or owners corporation, the critical question is what is your unit (or lot) and what is common property. This will determined who is responsible for what and who pays.
General Rule (subject to exceptions)
The general rule applicable to the majority of strata schemes registered after 1 July 1974 is:
- The structures located on the solid thick line, such as, that shown above at the registration of the strata plan are common property.
- The ceiling , the structure of the floor including fixed tiles or floorboards, the electrical wiring located in the ceiling, external windows and balcony doors are usually all items of common property.
- Internal walls, not shown on a strata plan are lot property and a structure located on a thin line is usually lot property.
- Carpet, light fittings, blinds, curtains, toilet bowls, bath tubs and kitchen cupboards will all usually be lot property and the
responsibility of a lot owner.
The following exceptions apply:
- The adjacent general position is provided as a guide.
- The general position does not apply to strata plans registered before July 1974.
- To a limited extent notations on the strata plan can modify the general position.
- Owners or owners corporations can with requisite authorisation alter, add to or remove common property after registration of the plan.
Thanks to our friends at Bannermans Lawyers for this good guide to strata units vs common property. Of course there is no ‘one size fits all” answer. The details about what is common property and what is strata lot property is described by the relevant legislation and case law.
If in doubt about your property, ask an expert scuh as Bannermans to work it out for you.