Getting to know Strata Title.

Strata title was first introduced in the state of New South Wales in 1961, to make the legal ownership of apartment blocks simpler and consistent.

Strata title legislation changed the traditional view of land ownership, by allowing property titles to be defined horizontally as well as vertically.

Often there is confusion as to, the ownership within a Strata Scheme. The following information has been compiled to assist owners in understanding their rights and responsibilities within a Strata Scheme.

Ownership in a Strata Scheme

In a Strata Scheme the lots are defined by a plan, known as the Strata Plan, which specifies the boundaries of each lot and the common property.

The major difference between owning a house and owning a unit within a strata scheme is that the floor, roof and external walls do not usually belong to the owner. These are known as common property, which is the responsibility of the Owners Corporation, who oversees the overall management of the scheme.

The lot owner owns the inside of the unit known as the “cubic airspace” and anything included in this airspace e.g. balconies and courtyards.

The cubic airspace within a lot is formed by the inner surface of the boundary walls, the under surface of the ceiling and the upper surface of the floors. The following is a list outlining the individual owner’s responsibility for maintenance within the lots cubic airspace:

•         Internal Walls
•         Internal Doors
•         Painting of internal walls and wall paper
•         Carpets, tiles, floating timber floors, Vinyl/Linoleum
•         Blinds and curtains
•         Toilets, bathtubs, shower screens, basins and vanities
•         Light fittings
•         Built in wardrobes
•         Kitchen sinks, bench tops and cabinets       
•         Skirtings and Architraves
•         Electrical wiring located in an internal wall       
•         Fences which are separating two lots

The above list is only a guideline, and in some cases there are exemptions to responsibilities. It is advised to contact the strata manager to confirm if there are any exemptions which apply to the Strata Scheme.

Owners Corporation responsibilities within a Strata Scheme – Common Property

The Owners Corporation is made up of the owners in the Strata Scheme. Each lot owner automatically becomes part of the Owners Corporation and has a right to be involved in the decision making process within the Scheme.

The Owners Corporation’s responsibility is based on the management of the scheme and their mandatory duty to maintain, repair, replace or renew all the elements of the Common Property.

The Owners Corporation may employ a Strata Managing agent or Caretaker to delegate some of the responsibilities. The Owners Corporation responsibilities include financial management, record keeping, by-laws, maintenance and repair of the common property - being all areas of the land and building which is not included in any lot.

The following is a list outlining the responsibilities of the Owners Corporation:

1. Driveways, pathways, and stairwells located within the Common Property.
2. Gardens and lawns within the Common Property.
3. Windows, front doors and balcony doors which includes the locks which were originally installed.
4. Pipes contained in the common property or if the pipes services more than one lot.
5. Skirting & Architraves on common property.
6. Fences on the boundary of the strata scheme.
7. Wall tiles on the common property.

 Keeping Pets in Strata Schemes

A common question asked when purchasing a Strata Scheme property is, “Can I keep a pet on my lot?”

Whether you can keep a pet or not depends on the terms of the By-Laws which apply to the Strata Scheme.

Generally the by-law will provide for one of the following:

1. No animal can be kept (other than fish in an aquarium) unless permission from the Owners Corporation is obtained, with the exception of a guide dog or hearing dog.
2. You must obtain written approval from the Owners Corporation to keep any animal except fish in an aquarium.
3. You must obtain written approval of the Owners Corporation, to keep any animal (except a cat, a small dog, a small caged or a fish in an aquarium) on the lot or the Common Property.

If you do have a cat, small dog or small caged bird on the lot you must:

• Notify the Owners Corporation that the animal is being kept on the lot

• Carry the animal when it is on Common property.

• Keep all areas of the lot and Common Property clean that has been soiled by the animal.

If you intend to purchase a unit in a Strata Scheme it is advised that you check with the Owners Corporation as to its terms of the By-Laws in regards to keeping pets.