Use and Changes to Common Property

Common Property Works & Uses

Common property uses & what you need to know

The below sets out the approval processes for works to common property under NSW strata legislation. In particular, it outlines:

  • the approval for works to common property, whether it be the owners corporation or an owner
  • the approval for common property exclusive use or special privileges
  • the granting of licences for common property.

The information is contained in Sections 108, 111, 112, and 142 to 145 inclusive, of the Strata Schemes Management Act 2015 (NSW).

WORKS TO COMMON PROPERTY

What is a change to common property?

A change is where you:

  • Add to the common property
  • Alter the common property
  • Erect a structure on common property

Common Property Changes for the Benefit of all Lot Owners

If the changes to common property are for the benefit of all lot owners and will improve or enhance the common property, then the only procedural requirement is for a special resolution (not more than 25% vote against) to specifically approve the proposed action.

Common Property Changes Impacting Individual Lot(s)

If an owner of a lot is requesting the change to common property then:

  • A special resolution is required to specifically approve the proposed action

AND if the owner is taking on the responsibility for maintenance, then:

  • The owners corporation must obtain consent from the owner acknowledging the responsibility for the maintenance and the possible payment of monies by the owner at defined times; and
  • A special resolution is required for the owners corporation to make the by-law as determined by the owners corporation (with the consent of the owner) that details the responsibilities and any payment of monies.

EXCLUSIVE USE

Common Property Rights By-Laws

If the owner is requesting rights or privileges over common property such as; exclusive use and enjoyment of a whole or specified part of common property, or special privileges, such as a license to use common property, then:

  • The owners corporation must obtain written consent from each owner who is to receive the rights or special privileges; and
  • A special resolution is required to make the common property rights by-law.

The by-law must be specific about:

  • Whether the owners corporation or the owner(s) are responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the common property
  • Any money payable for or towards the maintenance
  • If the person is directly responsible then the discharge of the owners corporation from its legislative obligation to maintain and repair.

Common Property License

The owners corporation may approve via special resolution the granting of a license to an owner or an occupier to use common property in a particular manner.

If you have any questions, simply contact your Strata Plus strata manager.

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