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I wonder if Flat chatters could enlighten me?
Who, in the end, decides authoritatively what is and what is not common property or whether common infrastructure is the responsibility of the owners corporation?
What role does the land registry services have in relation to this issue, and what legislation does it operate under?
It seems to me that this is in one sense a boundary question, and fundamentally different to the other issues that would go to NCAT. The strata schemes development act 2015 is to be read and interpreted with the real property act but is rarely mentioned in the questions about common property.
Your insights and expertise are, as always, appreciated.
Thank you.
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Hi, Understand there’s something called the strata plan – not sure of exact name of this document, others may know – it’s supposed to be around for inspection when someone buys in, I’m not sure at what stage. It has boundary lines that define the whole picture, or are deemed to. The SM may have this to help you with your concern? I’m curious now, as picked up this information on the grapevine only recently. Thank you.
@Toretti said:
Who, in the end, decides authoritatively what is and what is not common property or whether common infrastructure is the responsibility of the owners corporation?The second part of your question is answered by the Strata Schemes Management Act, the Strata Schemes Development Act and the Strata Schemes Regulations – which basically say the Owners Corporation must maintain and repair common property and “any personal property vested in the owners corporation”.
Your strata plan lays out what is and isn’t common property but in the event of a major dispute, I would imagine a case run at either the Supreme Court or even the Land and Evironment Court would give you a definitive answer (at considerable expense)
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hello Jimmy
I am curious as to what is meant by the phrase “any personal property vested in the owners corporation”? Could you give an example of what property might come under that term?
Thanks!
I have often wondered about that myself. It can’t be just stuff that’s allowed to be left on common property – it has to be ‘vested’. Anyone out there with more of a clue?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Could it mean an owner personally in a two unit strata type villa set up erecting a lattice, with a vine flourishing and good for both in terms of privacy etc, and that would become ‘owned’ or ‘vested’ – in them both as one strata committee? Guessing it’s perhaps a legal term.????
@M S said:
Hello JimmyI am curious as to what is meant by the phrase “any personal property vested in the owners corporation”? Could you give an example of what property might come under that term?
Thanks!
I’m imagining a painting bought by the Owners Corporation to display in the foyer of a block of apartments? Or if a unit owner has a flourishing pot plant, which they happen to have put on common property, but then they move and specifically state they are leaving it to the Owners Corporation? That makes your lattice and vine sound like a likely candidate.
These are just guesses.
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