#28342
stressed
Flatchatter

    Under section 110 (7) (d) the Legislators appear to have assumed that “waterproofing” is common property. Section 110 is concerned with work, by a lot owner, to common property, in connection with the owner’s lot, for the purposes of minor renovations. The Legislators have not specified which “waterproofing” they mean. Therefore it could be on a balcony, on an outside wall, in a bathroom or somewhere else.

    However if there is no waterproofing in a bathroom, then non-existent waterproofing cannot be common property.  The waterproofing when laid by the lot owner, is lot owner property to be maintained by the lot owner.

    The waterproofing cannot suddenly become common property. There are no provisions either in the SSMA 2015 or SSDA 2015 which allow this to happen.

    It would be in contravention of basic property rights. It would be the same as saying that kitchen cabinets, when they are attached to a common property wall, suddenly become common property.

    Also a by-law is not required because they are only written in respect of common property and the waterproofing is not common property. 

     Section 18 (1) of the SS(FD)A 1973 provides that – Upon registration of a strata plan any common property in that plan vests in the body corporate for the estate or interest evidenced by the folio of the Register comprising the land the subject of that plan but freed and discharged from any mortgage, charge, covenant charge, lease, writ or caveat affecting that land immediately before registration of that plan.

    Section 21 of the SS(FD)A 1973 provides that – Common property shall not be capable of being dealt with except in accordance with the provisions of this Act and the Strata Schemes Management Act 1996 .