Question: Are Gutters Common Property?

What is common property Victoria?

Common property includes any parts of the land, buildings and airspace that are not lots on the plan of subdivision.

It may include gardens, passages, walls, pathways, driveways, stairs, lifts, foyers and fences.

The common property is collectively owned by the lot owners as tenants-in-common..

Is plumbing a strata issue?

In general, any pipes that are underneath the floor are the responsibility of the strata management company, while pipes in the walls are the unit owner’s responsibility. … If the strata plumbing responsibility falls to the unit owner, that owner will typically have to cover the costs to repair the water damage as well.

Are body corporate responsible for Windows?

In most instances the front door its fixtures and the windows would be the responsibility of the body corporate. However if damage occurred to a front door or the lock due to the actions of the owner or the tenant it is reasonable they should be responsibility for this repair.

Are windows common property in Victoria?

There are no “rules” for cleaning of external windows which are designated as common property in Victoria. However, the Owners Corporation does have a responsibility to repair and maintain common property: … You would expect that maintenance of windows in the form of cleaning would fall under this obligation.

Is waterproofing common property?

Yes, provided the by-laws passed to allow the change to common property specifies that – otherwise it defaults to the owners corp. The waterproofing cannot suddenly become common property.

What is the difference between common property and limited common property?

Limited common property is similar to common property in that it isn’t part of an individual strata lot — but this is where things take a twist. Limited common property (or LCP) is common property that is for the exclusive use of one or more strata lots.

Are letter boxes common property?

Are the mailboxes on common property? … Generally speaking, most letterboxes will be clearly located on common property (such as a brick wall outside the apartment entrance), but it is always worth checking the registered strata plan which will show the common property boundaries.

How are lot entitlements calculated?

What is lot entitlement and how is it calculated? … This is initially set up by the surveyor completing the plan of subdivision and is usually based on the value of a particular lot comparative to the value of other lots in the owners corporation.

What repairs are body corporate responsible for?

1) When there is any damage or loss to common property, the owners’ corporation is responsible for the repairs. This also includes repairs to the item causing the damage such as a clogged gutter, a failed roof or a leaking pipe.

What constitutes common property?

Common property is all the areas of the land and buildings not included in any lot. It is jointly owned by all owners, and the owners corporation is responsible for its management. … However, common property boundaries of each lot are generally formed by: The upper surface of the floor (but not including carpet)

Are fly screens common property?

In almost all cases, fly screens and screen doors on apartments are lot owner property and not common property as the screens didn’t form part of the common property at the time of the strata scheme being registered.

Are balconies common property Victoria?

Balcony Balconies are generally the responsibility of the owner although where the boundary is defined as inner face, the balcony slab will be common property. Any tiles, membrane or fixtures attached to the floor are the responsibility of the owner.

Is a roof common property?

Usually the four main walls, the ceiling, roof and the floor are common property. The basic rule is that everything inside a lot is the owner’s property which includes all internal walls, fixtures, carpet and paint on the walls.

Are bathroom tiles common property?

These walls are common property. All internal walls (ie walls between rooms in the unit) are part of the lot. … Any tiles that were originally affixed to a common property surface (ie wall, floor or ceiling) at the time of registration of the plan are also common property, unless the plan specifically states otherwise.

Is Shower Waterproofing a strata issue?

In New South Wales, waterproofing is categorised as a major renovation work. Also, walls and shared plumbing are generally part of strata common property, and therefore usually owners corporation responsibility to fix and maintain.

Is common property a public space?

To ensure the common property or association property of a scheme is not considered to be a public place it would be wise to consider posting notices (with approval of course) stating that the scheme is private property and entrance is by invitation only although this would not be possible for all areas of a scheme if …

Can you sue body corporate?

When buying into a strata scheme, lot owners in New South Wales become members of what is called the Owners Corporation for the scheme. … Much like an incorporated business, an Owners Corporation is able to sue (and be sued) in its own name, rather than through its individual members.

Are floorboards common property?

If the flooring was installed at the time of construction, has not been altered since by an individual owner(s) and is affixed to the common property floor slab within your lot, and there is no special by law in place to determine who is responsible, the flooring will be deemed to be common property and the Owners …