Clearing the Confusion: Common Property vs. Lot Property in Strata

Understanding the distinction between common property and lot property is essential for strata owners to navigate their responsibilities effectively. This knowledge forms the foundation for clear delineation of duties between owners and the owners corporation, ensuring transparency and harmonious strata living.

Common property is defined in the Strata Schemes Development Act 2015 as follows: 

common property, in relation to a strata scheme or a proposed strata scheme, means any  part of a parcel that is not comprised in a lot (including any common infrastructure that is not part of a lot).

1. Defining Common Property: Common property refers to the areas within a strata scheme that are collectively owned by all lot owners. These spaces are shared and typically include items like driveways, stairwells, gardens, and recreational facilities. The management and maintenance of common property are overseen by the owners corporation.
   

2. Understanding Lot Property: Lot property, on the other hand, is the individual, privately-owned space within the strata scheme. This encompasses the actual apartment or unit and can extend to other areas like balconies or courtyards. Lot owners have exclusive rights over their lot property but must adhere to by-laws set by the owners corporation.
   

3. Exclusive Use Areas: In some cases, a lot owner may be granted exclusive use rights to certain parts of the common property, like parking spaces or storage areas. These areas remain common property, but the specific use is allocated to a particular lot owner.
   

4. Responsibilities for Maintenance: The responsibility for maintenance and repair varies between common property and lot property. Common property upkeep is a shared responsibility funded by strata levies, while lot property maintenance is the sole responsibility of the individual lot owner.
   

5. By-laws Governing Usage: By-laws play a significant role in defining how common property and lot property can be used. These rules, set by the owners corporation, help maintain order, resolve disputes, and ensure that the rights and responsibilities of all lot owners are respected.

Below is a general guide of Common Property versus Lot Property but it's important to note that owners or owners corporations possess the authority to alter, add to, or remove common property after the registration of the strata plan, provided they follow due process. This flexibility allows for adjustments and modifications to better suit the evolving needs and preferences of the strata community, subject to adherence to established procedures and regulations.

Common Property	Lot Property
Structures on the solid thick line at strata plan registration	Internal walls not shown on the strata plan are considered lot property, and structures on a thin line
Ceilings, floor structures (including fixed tiles or floorboards), electrical wiring in the ceiling, external windows, and balcony doors	Items like carpet, light fittings, blinds, curtains, toilet bowls, bath tubs, and kitchen cupboards
Shared passageways within the building	Designated parking areas for individual lots
Recreational facilities for all residents	Exclusive storage spaces allocated to specific lots
Letterboxes and mail rooms	Privately owned outdoor areas attached to lots

The Strata Community Association offers a valuable resource titled 'Who's Responsible? A Guide to Common Property,' which presents a comprehensive list clearly delineating the responsibilities of owners and owners corporations. This document serves as a helpful reference, providing clarity on the distinct roles and obligations associated with common property within a strata scheme.

When uncertainties arise regarding responsibilities for common property or lot property, it is advisable to consult with your strata manager. Their expertise and knowledge of the specific strata scheme can provide accurate guidance tailored to the individual circumstances of your property.

From understanding the nuances of common property and lot property distinctions to addressing broader strata management requirements, our dedicated team at Compass Strata is devoted to ensuring owners stay informed, enabling them to make informed decisions. Contact us today for expert guidance tailored to your strata needs.