Faqs

Common property includes the areas and assets within a strata scheme that are collectively owned and maintained by all the owners in the scheme. It includes areas and assets that are not exclusively part of individual lots or units within a strata scheme and includes common hallways, staircases, driveways, gardens, swimming pools, gyms, and meeting rooms.  

All owners, through the owners corporation, share the responsibility for the maintenance, repair, and upkeep of common property. Owners and residents have the right to access and use common property for its intended purposes, subject to any by-laws or regulations in place.  

Sometimes parts of common property may be designated as exclusive use areas, which are assigned to specific owners or lots for their exclusive use. Notwithstanding these areas are still part of the common property but have restricted access or use.  

Strata committees need to understand and manage common property effectively to ensure the well-being and satisfaction of all residents in the strata scheme. Specific rules and by-laws regarding common property can vary. If you need guidance about common property in your scheme, feel free to contact us.  

Regular lift maintenance in strata properties is crucial. 

Lifts are common property and the Owners Corporation has a statutory duty to maintain and repair them. To fail to do so is a breach of that duty and may lead to someone who is reliant on the lifts suing the owners corporation for any damages suffered as result of that breach. Look at proper maintenance and repairs as preventative medicine. 

The budget of the owners corporation should allow for prospective costs of the maintenance and repair.  

Any problems encountered with the operation of lifts should be reported to the strata committee and your strata manager and/or building manager. 

Appropriate signage should include the particulars of the lift provider and their phone details. The lift should have a working emergency phone. This may need to be upgraded if the lift is old to take advantage of new mobile technology. 

Safety of all users of the lift(s) is essential. Regular maintenance helps identify real and potential problems and minimise the risk of accidents or breakdowns. 

Firstly, refer to your schemes by-laws and see if they deal with this issue. If they don’t then the following applies:

Pre-1996 Model By-laws provided children must be accompanied by an adult on common property comprising a laundry, car parking area or other area of possible danger or hazard to children.

2016 Model By-laws changes the pre-1996 situation relating to children playing on common property: –

1. children may play on any area of common property that is designated for that purpose but must be supervised by adult when using an area designated for swimming.

2. children must not remain unaccompanied by an adult on common property that is a laundry, car parking or other area of possible danger or hazard to children.

Pre-1996 Model By-laws: No, unless one has written consent of the owners corporation to hang any washing, towel, bedding, clothing or other article that is visible from outside the building other than on any lines provided by the owners corporation and only for a reasonable period.

2016 Model By-laws: an owner or occupier may hang any washing on any lines provided by the owners corporation for a reasonable time.
Also, an owner or occupier may hang any washing (towel, bedding, clothing or other article of a similar type) for a reasonable time on any part of the lot other than over the balcony railings.

No, unless they are registered as By-Laws for the scheme with Land & Property Information New South Wales.