Question: What are residents rights to common property storage areas? What does the strata need to do to reclaim storage areas that are being used and padlocked, without approval, by residents?
Answer: As a general proposition, common areas belong to the Owners Corporation. Therefore, to access and store within the common property storage area, you would need a by-law/licence/lease etc.
As a general proposition, common areas belong to the Owners Corporation (ie the collective body of individual owners). Therefore, to access and store within the common property storage area, you would need a by-law/licence/lease etc to use same and depending on the Owners Corporation, you might need to pay for use.
In terms of how to reclaim the areas appropriated by the individual owners for their own private use, we suggest the strata managing agent issue them with a cease and desist letter for them to vacate the common property storage area. Should they fail to respond, we would then recommend mediation/NCAT orders to give access, cease and desist and vacate the common property storage area.
This post appears in the November 2022 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

Leave a Reply