#16583
Ancestor
Flatchatter
Chat-starter

    We have just got the authoritative interpretation from the LPI (Land and Property Information Service) which has all plans and by-laws on file. Since the fan and its ducting system are in the ceiling space (i.e. between the suspended ceiling and the slab forming the floor above) they are not in the air space of the Lot and therefore are Common Property. This is notwithstanding the fact they serve only the one apartment. Section 52(3) of the Strata Titles Management Act 1996 provides that an Owners Corporation may, by special resolution, decide to exclude such equipment from the Common Property. The whole matter turns on the fact that, put simply, everything that is not within the lot is Common Property unless the by-laws designate it as the owner’s responsibility. In our case, this is what happens with the air conditioning – specifically noted in the by-laws as the owner’s responsibility.