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Hello , So in NSW, In a two storey townhouse , with no units/ lots above or below. shower is leaking and showing water stains on the living room ceiling below ( in the subject unit ) . It is definately the origonal bathroom. both ground and first floor are shown on the strata plan. My understanding is that internal walls ( not shown on the strata plan) are lot owners property. So my question is regards the first floor structure and timber sheet flooring is this Common property or lot owners property? Or is the floor considered to be within the lot and hence lot owners property? My understanding is that when we know if its common property , we then know whow is responsible to repair the attached shower water proofing . ie my understanding is that water proofing attached to common property is OC but water proffing attached to owner property would be owners responsibility.
Thanks for your help
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So my question is regards the first floor structure and timber sheet flooring is this Common property or lot owners property? Or is the floor considered to be within the lot and hence lot owners property?
My understanding is that in a townhouse, the internal floors are usually lot property as they are not a division between two lots and therefore there is no need to determine responsibility. Anyone else have any thoughts?
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.
Perhaps the Strata Plan could show the separate floors and associated cubic spaces which are aggregated to form the lot? If so, presumably the floor structures will be common property?
The Fair Trading Common Property Memorandum says, common property includes “the slab dividing two storeys of the same lot … eg. a townhouse or villa (unless the plan was registered before 1 July 1974 – refer to the registered
strata plan).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.
Our SP is in NSW – our SP is all townhouses. All bathrooms are on the first and or second level. Our property is pre-1974 because of this we got advice from a strata lawyer. We had courtyard issues as well with water seepage, so had that cleared up at same time. Unfortunately before we got the advice, monies were spent on bathrooms that we shouldn’t have. Said advice letter was copied and sent to all owners and is in our AGM papers every year. For us the only two issues the SP is responsible for piping in the riser in the common property wall and water pipes to the shower if they are in the common property wall. If your property is after 1974 it’s worth getting legal advice, this gives your SP and your Strata Manager the proper information.
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