Flat Chat Strata Forum Common Property Current Page

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  • #8476

    I came across a strata house, the house is part of the strata plan of the unit block behind it. The by law said the proprietors of the unit block shall have a right of exclusive use and enjoyment of the common property as forms part of the building which contains theses lots and responsible for the proper maintenance and keeping in a state of good and serviceable repairs of the common property. While the proprietor for the house shell have a right of exclusive use and enjoyment of so much of the common property as forms part of the building which contains the house. And shall be responsible for the maintenance and keeping in state of good and serviceable repaired of the common property the subject of the by-law.

     

    My question been, does that mean I will be liable for any necessary repair of the house including all external work necessary (roof, external painting etc), while any special levies relate to the repair of the unit block will have nothing to do with me? Also, if say I would like to install solar penal on the roof or water tank in the courtyard or have any extra door to the outside, I would have to get the approval of the body corporate?

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  • #16881
    Jimmy-T
    Keymaster

      It seems like the person in the house looks after the house (including the roof) and the people in the unit block look after theirs and everybody loos after the bits in between – which seems fair. However, anything that impacts on the rest of the strata plan, even visually, might be an issue.

      I wouldn’t imagine you’d have too much trouble with the solar panels (but you never know) but putting another door or gate in might raise some concerns.  If you’re worried, talk to the other owners or their strata manager.  That’s a better idea that wishing, hoping or missing out on a home where you may be perfectly happy.

      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.
      #16922

      Mini,

      It seems… And this is only an assumption… That the by-laws have been established to be able to separate the two different components (so to speak) of this strata scheme, ie, the unit owners pay for their stuff and the house owner pays for theirs, making a user pay approach, which in some respects makes sense, but makes running of the OC complicated especially around the accounting.

      You may want to explore whether this is actually how the OC is functioning, especially around effectively running the separate budgets and ‘exclusive use levies’

      I have seen this also in mixed use properties where there is commercial and residential components of the building, making sure that the commercial owners who don’t use the lift don’t have to contribute towards the running of the lift etc.

      Mr S

      #16933
      Whale
      Flatchatter

        Mini – I don’t think matters are as complex as all that.

        It’s increasingly common these days for the original dwelling on a parcel of land to be retained whenever the site is subject to a multi-unit development; this usually (but not exclusively) occurs when the dwelling is heritage listed.

        When the completed development is covered by a strata title, the original dwelling, often refurbished to the extent permitted by its Listing together with a defined area around as “garden space”, is given a lot number and a unit entitlement in the overall Plan.

        In your example the By-Laws grant “exclusive use and enjoyment” and as that type of By-Law usually applies to areas of the Common Property that can be enjoyed, I doubt that the intention is segregate the responsibility for the overall maintenance and repair of the buildings themselves. As other posts have alluded to, this would give rise to the complexity of differential levies, and as I’ve said, I don’t think that’s the intention.

        So no Mini, I don’t think that the Owner of the house would be individually responsible for external maintenance and repairs to that house or that they could make alterations such as those you mention (e.g. solar panels, water tank etc) without Owners Corporation (O/C) consent.

        Rather, it’s more likely that Proprietors’ Contributions to the Plan’s Administrative and Sinking Funds and the expenditures from those would function in the normal way across all the Common Property, except those covered by the Exclusive Use By-Laws – where the Owner of the house wouldn’t contribute to the costs of overall grounds maintenance (i.e. gardening and grass cutting around the building), and the Owners of the other Lots wouldn’t contribute to those activities on the “garden space” of the house.

        I hope I haven’t made this (even) more confusing Mini, but if you’re serious about purchasing the house, ask your Solicitor / Conveyancer to arrange for a Strata Search, and if the Plan is operating (i.e. a functioning O/C) specifically request commentary on the operation of the Exclusive Use By-Laws, and if it’s not operating, request a Legal Opinion on how it would operate.

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