Forums Common Property Current Page

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  • #7498 Reply | Quote
    ElevenSeven
    Flatchatter

      I know that the area above the ceiling in the top floor unit is considered common property, but is the area below the floor on the ground floor unit also considered common property?

    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #13236 Reply

      Hi ElevenSeven,

      I believe you pretty much just own the air space of your property. Though most owners use floor, walls and ceilings to do their own thing. Without permission from OC and without usually complaint. Fittings are another issue. So under the floor would be common property. In fact the ceiling and the floor would be considered common property I think. But this would depend on why you are asking this question and what it relates to?

      Big CheersSmile

      #13240 Reply
      struggler
      Flatchatter

        I would have thought in it was from top of the slab for the owner, below the slab for common property.  Under the slab may  be foundations, plumbing mains etc, coming into the complex.  So I wouldn't think that in an apartment building it could be anything else but common property?

        #13253 Reply
        Billen Ben
        Flatchatter

          considerate band fair said:

          Hi ElevenSeven,

          I believe you pretty much just own the air space of your property. Though most owners use floor, walls and ceilings to do their own thing. Without permission from OC and without usually complaint. Fittings are another issue. So under the floor would be common property. In fact the ceiling and the floor would be considered common property I think. But this would depend on why you are asking this question and what it relates to?

          Big CheersSmile

          Absolutely.
          Have a look at your unit plan and see. Strata is generally cubic air space and if the area below the floor is not on your plan then it is common property.
          Your unit plan holds the answer. The unit plan would have been in your contract when you purchased.

          #13256 Reply
          ElevenSeven
          Flatchatter
          Chat-starter

            Thanks to all respondents – I thought area below floor was common property. Reason I asked is that a close relative wants to put gas heating in a couple of rooms in ground floor flat  – so they of course will have to go to OC and ask permission. I would say that this should not constitute “exclusive use” .

            #13276 Reply
            Jimmy-T
            Keymaster

              The issue will be who maintains the heating since it will be part of common property unless otherwise established legally. A special resolution by-law will take care of this.

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            Viewing 5 replies - 1 through 5 (of 5 total)
            Reply To: Is Area below the floor on ground floor unit common property?
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