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Lady Penelope
I think you may have misunderstood what I meant concerning common property.
The Common Property Memorandum is only another arbitrary generalised pronouncement of what is and what is not common property in a strata plan and who is responsible for its maintenance.
Each strata plan must be looked at individually. Generalisations are not helpful.
What is common property in a strata plan can only legally be determined by reference to the strata plan and what was in the building at the date of registration of the strata plan and any subsequent by-laws where the OC has added to the common property.
OC is responsible for the maintenance of the common property and they should not be trying to abrogate this statutory duty which was imposed on them at the date of registration of the strata plan.