Question: If lot owners are renovating inside their lot, why do their renovation by-laws refer to common property?
A lot owner in our building is applying for approval to renovate their lot. Why does their special by-law No 5 – Works and exclusive use refer to sections 108 and 143? The by-law allows for the erection of new structures on common property and grants owners special privileges/exclusive use rights over common property. What does owners corporation approval allow them to do to common areas? They are renovating the inside of their apartment, so why is common property mentioned in their by-law?
Answer: If an owner renovated a bathroom, they would require the proper authorisations to alter the common property e.g. tiles, waterproofing etc.
As a strata owner, you own the cubic air space of a lot, which is, generally speaking, the upper surface of the floor, the inner surface of the walls and the under surface of the ceilings. So, generally, in strata, you do not own the floor, wall or ceilings. They are actually common property.
If, for example, an owner was renovating a bathroom, they would be removing common property tiles, waterproofing, ceilings, etc and require the proper authorisations to alter the common property, and, for example, if an externally vented bathroom exhaust was installed, exclusive rights for that installation.
This post appears in Strata News #699.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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