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In theory, changing the value of Unit Entitlements, can be done, but in practice, this is mostly impossible, because of the need to get all the owners to co-operate to arrange it (See NSW SSMA s.236). When you buy into a strata plan building, you have to consider that all the common property is owned and paid for by the Owners Corporation split among owners according to Unit Entitlements. Buying a town house in a mixed apartment/house development usually depresses the price of the town houses as a consequence.
The principle of strata law is that common property is owned collectively. So the argument that because you own a ground floor lot, you shouldn’t have to pay to maintain the lift, as one (common) example, does not fly.
However there are arrangements where costs can be shared more equally by creating exclusive use by-laws, which allocate some items of common property to a sub-set of owners, along with their costs. This is often done with mixed commercial/residential strata plans, where the escalators and air conditioning maintenance for the commercial lots is funded just by the commercial lots. So the owners, if the majority are interested, could investigate that, which will require a strata lawyer to draft the by-laws. However, again adopting this will require most owners to agree – in NSW it will require a special resolution (ie majority approval and less than a quarter voting against) and the written approval of all the lot owners affected by the by-law. So any owner disadvantaged by the by-law might be able to derail it. These arrangements are often made in new strata buildings, with the developer approving the excusive use by-laws at the start. These are then difficult to change for the same reasons, as the building ages.
