Common Property Rights By-Law: The Scope of Works and Level of Details Required

The basic definition of “common property” is, all the areas of the land and building not included in any lot. To be precise, the common property boundaries of each lot are essentially formed by the upper surface of the floor, under surface of the ceiling and inner surface of the external or boundary walls including doors and windows. Items including pipes and electrical wiring that service multiple lots, and magnesite finish on the floor are…

Do I still need Consent from the Owners Corporation if I already have Council Approval?

In a strata scheme building, the owners corporation is the legal owner of the common property. When lot owners propose to carry out works that require statutory approval (such as development consent/complying development certificate), it is highly likely that they will also require consent from the owners corporation if those works impact on common property. In a recent case of the Owners Strata Plan 70989 v Afghan Community Support Association of NSW Inc, the respondent…

What do I own and what is common property?

What is Lot and Common Property? The important question of who owns what needs to be established, as the answer will dictate how a strata scheme is correctly managed and who is responsible for what parts of a strata scheme. Common property is the responsibility of the owners’ corporation, and Lot property is the responsibility of the lot owner. The picture below is an extract from a typical strata plan. The strata plan does not…

Growing Community: Edible Gardens in Strata

With social distancing measures in place, many people have turned their hand to growing their own food as a way to beat the boredom and connect with nature while sheltering at home. From herb gardens to permaculture plots, gardening in strata can offer a range of opportunities to improve the liveability of urban spaces. With owners and occupiers getting their hands dirty, it is timely for owners corporations to consider how their scheme’s by-laws and…

No By-Law? No Sale? Digging yourself a Hole with an Unauthorised Renovation

The Owners – Strata Plan No 9319 v Lovell [2020] NSWCATCD Background Bannermans received instructions from an owners corporation that had recently discovered extensive unauthorised works to the common property, undertaken by a lot owner some years earlier. The owner undertook extensive excavation works underneath the lot to create a subterranean area complete with speakers and a video projector. These works were then concealed by a motorised trap door near the entry way. The owners…