Key Takeaways
- Strata title properties have unique challenges for property owners in terms of property maintenance.
- Property owners are responsible for maintaining their own lots and buildings within them.
- The strata company is responsible for maintaining common property.
- Entrusting maintenance to the strata company helps protect the investment in the strata complex.
Who Maintains Common Property?
The responsibility for maintaining common property in strata title properties lies with the strata company, as detailed in the Management Statement and by-laws of the strata complex.
Common property refers to areas that are shared by all owners within the strata complex, such as lawns, gardens, structural elements, and wiring or pipes on common property walls.
It is the responsibility of the strata company to ensure that these areas are well-maintained and in good condition for the benefit and enjoyment of all residents.
The strata company is responsible for organizing and carrying out regular maintenance tasks, such as gardening, landscaping, cleaning, and repairs, on the common property.
This includes tasks like mowing lawns, pruning trees, maintaining common areas, and fixing any structural issues.
The cost of maintaining the common property is usually shared among all owners through strata levies or fees.
These levies are collected by the strata company and used to fund the ongoing maintenance and upkeep of the common property.
By entrusting the responsibility of maintaining common property to the strata company, owners can have peace of mind knowing that these areas will be well-maintained and that their investment in the strata complex will be protected.
Responsibilities for Individual Lots
Responsibility for the upkeep of individual lots within a strata title property lies with the respective owners of those lots. It is the duty of the property owners to ensure that their individual lots, including the buildings within those lots, are properly maintained. This includes regular inspections, repairs, and any necessary renovations or upgrades. The owners are responsible for the structural integrity, cleanliness, and overall condition of their lots.
When it comes to maintenance responsibilities, it is important for individual owners to refer to the strata plan or the management statement and by-laws of the strata complex. These documents provide specific information regarding the maintenance obligations of each owner. The boundaries of each lot are determined by the strata or strata survey plans, and the ownership of the building structure is also determined by the information in the strata plan. If the description of the building structure is missing from the plan, it is considered a common property and the responsibility of the strata company.
Determining Building Ownership
Determining the ownership of buildings within a strata title property is based on the information provided in the strata plan. The strata plan serves as a legal document that outlines the boundaries and ownership of each lot within the property. It provides a clear description of the individual lots and common property, including any buildings or structures.
In some cases, the ownership of buildings within a strata title property may be determined by the by-laws established by the strata company. By-laws can specify the maintenance responsibilities of individual owners, including the ownership of certain building structures. Therefore, it is important for owners to review the by-laws of their strata complex to understand their specific maintenance obligations.
Additionally, the Management Statement, which is a document that outlines the rights and responsibilities of owners and the strata company, may provide further clarification on building ownership. Consulting the team at Perth Strata Co. can help you navigate the complexities of strata ownership and understand individual maintenance responsibilities.
Frequently Asked Questions
Are there any exceptions to the general rule of the strata company being responsible for maintaining common property?
Exceptions to the general rule of the strata company being responsible for maintaining common property may exist. By-laws, the strata plan, or the Management Statement can determine specific maintenance responsibilities for individual owners within a strata complex.
Can individual owners make changes to the common property without the approval of the strata company?
Individual owners generally cannot make changes to common property without the approval of the strata company. The strata company is responsible for maintaining and managing the common property, and any alterations or modifications typically require their consent.
How can disputes regarding maintenance responsibilities be resolved within a strata complex?
Disputes regarding maintenance responsibilities within a strata complex can be resolved through various methods, such as mediation, arbitration, or seeking legal advice. The specific process for resolution will depend on the jurisdiction and the governing documents of the strata complex.
Are there any restrictions on the type of maintenance or renovations that individual owners can carry out on their lots?
Individual owners in a strata complex may be subject to restrictions on the type of maintenance or renovations they can carry out on their lots. These restrictions are determined by the by-laws and management statement of the strata complex.
What happens if there is a disagreement between the strata company and individual owners regarding the maintenance of a specific area within the property?
In the event of a disagreement between the strata company and individual owners regarding the maintenance of a specific area within the property, resolution procedures outlined in the Management Statement and by-laws should be followed to address the issue.
