Help Centre
All information is general of nature and should not be taken as advice. Legislation varies by state and territory. If you are unsure, please contact us.
Common Property
Introduction
Common property is one of the more complicated subjects in strata communities. They provide instruction for who is responsible for what in regards to repairs, as well as what you are permitted to do to your lot without voting for agreement from the community.
Always refer to your strata plan
When your property was sub-divided, a plan was approved regarding what is common property and what belongs to the lot owners. Refer to this for definitive answers on what is common property and what is not.
Read more about this on our Basic Strata Info page.
Always check your local state resources
Laws state-by-state on this topic vary. Check out our State Resources page to find the information that is relevant to you.
Generally, what is external is Common Property
But, this is not a definitive rule!
A good rule of thumb when it comes to thinking about what is a shared responsibility of the community is that anything external facing is the responsibility of the entire community. For example, the roof is external, it belongs to the community, therefore it is a shared responsibility to maintain and repair the roof.
Again, this may not be the case with everything. So check your strata plan as well as local state or territory legislation to confirm.
Fencing
Another complicated subject when it comes to owners corporation.
NOTE** The below is for general reading only. Always refer to your strata plan, by-laws and local state legislation for definitive answers.
To provide some understanding on this subject so that you can better understand your situation in your property, we will run through a few key terms.
Exclusive Use
If the fence is around an area that primarily benefits an individual lot owner (eg. a private courtyard that only the lot owner has access to) then in most cases it would be the responsibility of the lot owner to maintain.
That rule of thumb can also help you understand other cases of common property vs private. I.e If it benefits everyone, it is likely common property, if it is more for an individual, then it is likely private.
Dividing Fences
If you share a fence with a neighbour within your community, then it is likely the case that general laws for fencing in your state applies. I.e. both owners are responsible for maintaining the fence. Some examples are shown below
Above is an example of a three lot strata scheme. Each lot has a private courtyard, with access to the home only accessible via the courtyard. Each courtyard can be considered Exclusive Use, as other lot owners do not have free access to this area.
Shared Fence
As you can see there is a section of fencing that is between Lot 1 and Lot 2 courtyards. If that fence breaks, it is the responsibility of the owners in lot 1 and 2 to repair it. The community does not need to front any costs.
Boundary Fence
This area that's highlighted is a fence between the boundary of the property, as well as lot owner's 3 courtyard. If the fence needed to be repaired, the cost would be split between lot owner 3 as well as the overall community.
General example only, check your strata plan, by-laws and local state government laws regarding fencing.