Jimmy is right in his points, as for the location of the gardens dictating common property this is simply incorrect. The Strata Plan is the only way to determine what are the boundaries of the common property, one should not make generic statements as its up to the developer and the land surveyors to what will be the Common Property on drawing up the Strata Plan for lodgment and registration.
One other issue that needs correction is the authority of the strata Manager to authorize works or spend monies. This is determined by the terms of the management agreement, as Jimmy touched on, it depends on what delegated authority is given to the Strata Manager, in some cases the OC may under the Strata Agreement give full authority and function to run the Strata Scheme to the Strata Manager, in which case the Strata Manager need not seek any approval of the OC in engaging contractors, organizing repairs and paying accounts. Also dysfunctional Owners Corporations may have a CTTT appointed compulsory Strata Manager who also has full authority which may also include authority to raise compulsory Levies to maintain the property or pay accounts such as Insurances electricity etc.
Chris Mo’ane AIAMA, MASBC-CPC
GMD Integrated Consultancy Group
@JimmyT said:
@arthur said:
You do not say if the garden is at front or rear of owners villa.I would think that this is not a payment from strata funds if the garden is not on common property and therefore should be paid by the owner if the garden is at the rear of his villa.However,a garden at the front of the villa is on common property and is a strata charge if approved by the strata committee and all front gardens ed of weeded as a strata cleanup job.
I must be missing something. Do we know for a fact that gardens at the front are common property while those at the back are part of the lot? Is this just how it usually is or is it another weird part of strata law that has passed me by (again)?