Question: What does not form part of a lot as per Section 10 of the strata titles act and is, therefore, the lot owner’s responsibility to maintain.
Answer: Schedule 2, bylaw 15 Decoration of and afixing items to in a surface of lot covers a few of the things mentioned in this question.
Schedule 2, bylaw 15 Decoration of and afixing items to in a surface of lot covers a few of the things mentioned in this question. It pertains to paint, wallpaper, or otherwise decorate a structure that forms in the surface of the boundary of a lot or afix locking devices, flyscreens furnishings, furniture, carpets, and other similar things to that surface if that action will unreasonably damage the common property.
So you must not afix these things if it will unreasonably damage the common property, but you’re allowed to do that so long as it doesn’t create more damage.
The ceiling needs to be painted from time to time on the inner surface and you’re permitted to decorate that. There are so many SAT cases that have established precedent rulings on what is defined as the upper surface of the floor and the tiles are the upper surface. So the tiles and below the Strata’s responsibility. See 2024 case: Bennett and The Owners of The Fairway Stage Two Strata Scheme 51326 [2021] WASAT 170
A sealed toilet system is an interesting thing and that will depend on where the boundaries are because the boundaries might extend to the external surface of the wall or the external surface of the building or it might be the internal surface of the building.
The question is, does the system service only that lot? I believe that reference to this is covered under easements. If a utility (the toilet system would be a utility item) only services that one lot then it’s that lot owners responsibility to fix it. Mirrored splash back could be an attachment to a wall or it might form part of the wall.
Timber slats installed as flooring on a deck by the developer. Is the deck part of a lot? How are the boundaries defined on the strata plan by the surveyor as to where the upper surface is or whether it is included in a height above and below the floor? Is the decking area included within a part lot outside? It could be that the upper surface of the floor is the timber slats and that those slats could be part of the common property.
A lot will depend on the type of strata plan that it is, as to whether the strata comes under Section 3 A B of the Act or it’s a survey strata. In both cases, you’ll be responsible. If the strata is under Section 3 2 A or 3 2 B a lot would depend on how the boundary definition has been worded on the strata plan itself.
This post appears in Strata News #498.