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  • #77729
    UberOwner
    Flatchatter

      This is a note on my strata plan.  Can some kind lawyer-type please interpret for me into plain English?  Firstly what is “stratum”.  And then what do these twisted sentences actually mean?  And what if I do have concrete floors?

      The stratum of the courtyard and terraces extend between 1.5m below the upper surface of the ground floor of their respective adjoining units (except where they have concrete floors) and to the horizontal projection of the underside of the ceiling of the ground floor of their respective adjoining units with the exception of an area within a radius of 1.5m from Point “A” which is limited in height from 1.5m below the upper surface of the ground floor of Lot 1 to the horizontal projection of the underside of the ceiling of Lot 5.

      Point “A” is a flagpole on the front lawn of my neighbour’s ground floor apartment and I’m curious about that one.  But I’m most interested in the stuff about terraces, in particular what happens underground.  I have a ground floor unit with a terrace.  The carpark for all lots is below my unit and terrace.  I also have concrete floors.

       

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    • #77751
      Jimmy-T
      Keymaster

        Unless I am mistaken, stratum is the singular of strata and refers to a layer of the building, in this case the entire ground floor area.

        But your neighbour has a five-storey-high flagpole? I hope the owner knows that they have to take an Australian flag down at night or, by law, ensure it is illuminated.

        And I would imagine your neighbours would object to bright lights shining in their windows all night so the flag would have to be lowered every night.

        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.
        #77754
        chesswood
        Flatchatter

          That’s just what’s on the strata plan. Turning to the real world, the top of flagpole should not be higher than the ceiling of lot 5 – any excess is an encroachment onto common property. And any flag on the pole can be no more than 1.5 metres across otherwise the wind will blow some of it into the common property around the flagpole.

           

          #77775
          kaindub
          Flatchatter

            What it means

            If on the strata plan, the line around your lot includes a courtyard or terrace, then included in your lot is the land 1.5m below the surface of the ground (only where the courtyard or terrace is)

            If the floor is concrete then this rule does not apply.

            You should also see a note describing the height above the courtyard or terrace that forms part of your lot.

            #77753
            UberOwner
            Flatchatter
            Chat-starter

              LOL – let’s please not get distracted by the flagpole, which is not an issue (more a curiosity).  I really want to know about the terraces and the concrete floors.  But to answer your question, the flagpole is only three stories  high – Lot 5 is on the third floor.  And in any case, the flagpole has now been removed, so the reference to Point A on the strata plan is pretty redundant.

               

               

              #77818
              optusJo
              Flatchatter

                this is what the AI said!

                This description defines the vertical and horizontal boundaries of the stratum (or legal volume of ownership) for the courtyard and terraces in a multi-unit property.

                Breaking it Down:

                1. Stratum Definition for Courtyard & Terraces
                  • The courtyard and terraces extend downward to 1.5 meters below the upper surface of the ground floor of the units they are connected to.
                  • The upper boundary extends to the horizontal projection of the underside of the ceiling of the ground floor of their respective adjoining units.
                  • Exception: If the courtyard/terrace has a concrete floor, this boundary may differ.
                2. Special Exception Near “Point A”
                  • In a specific area (within a 1.5m radius of “Point A”):
                    • The lower boundary is still 1.5m below the ground floor of Lot 1.
                    • The upper boundary is now the horizontal projection of the underside of the ceiling of Lot 5, instead of the adjoining ground-floor ceilings.

                What This Means:

                • This description helps define ownership, airspace, and potential building rights in a multi-unit development.
                • The reference to a “horizontal projection” suggests that the legal height limit follows the ceiling level of the units rather than being an open-air space extending indefinitely.
                • The “Point A” exception creates a different height limitation for a specific zone.

                 

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