Question: In our duplex, can we create a bylaw that moves all responsibility for maintenance of the lot from the owners corporation to the lot owner?
We own a lot in a two lot scheme. Can we create a bylaw stating each lot owner has exclusive use over the common property around their lot? This would move all responsibility for the maintenance of the lot from the owners corporation to the lot owner.
Essentially, we’d like to remove common property for everything on the property other than the shared driveway.
We have been searching for a way to go ahead. The other owner doesn’t believe it’s possible.
Answer: Each owner must consent to the by-law.
Yes, this can be done, but each owner must consent to the by-law. The by-law can, for example, specify certain parts to remain as costs shared, such as a shared driveway or a common dividing wall. The by-law can go through the various parts (walls, floors, ceilings, roof, windows, gardens etc) one by one.
The alternative is to change the actual strata plan so the common property walls around each lot are shown with a dotted line, with the solid black line around the outer boundary, more like a deposited plan (for houses). This would mean the external walls of each lot (presumably duplexes) are no longer common property. The by-law option is substantially cheaper ($2,000 vs $10,000-$15,000).
This post appears in the March 2023 edition of The NSW Strata Magazine.
James Moir Madison Marcus E: Strata@madisonmarcus.com.au P: 02 8022 1222