What is Common Property? 

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.  

Do I need permission to renovate my apartment?

This depends on the type of renovation you are undertaking. In strata, there three types of renovations, each with a different requirement:

 

–  Cosmetic

 

–  Minor

 

–  Major

 

See separate FAQs for more information.

 

We have a form you can complete for properties we manage.

What is considered Cosmetic Work?

Cosmetic work doesn’t involve changes to the outside of a property or affect the structure or waterproofing and does not require approval. 

It includes: 

– install or replace hooks, nails, or screws (for hanging paintings or other items on walls). 

– install or replace handrail. 

– paint the interior. 

– install or replace blinds and curtains. 

– fill minor holes and cracks in internal walls. 

– lay carpet. 

– install or replace built-in wardrobes. 

What are Minor Renovations?

The owners corporation’s approval is required for minor renovations in a General meeting or Annual General meeting in which you need a majority vote in favour of the work. A strata committee can only provide approval if it has been delegated that power through a by-law. 

Minor renovations include work to: 

 

– renovate a kitchen, including flooring. 

– change recessed light fittings. 

– install or replace flooring, such as hardwood or tiles, as well as removing carpets to expose the flooring underneath. 

– change internal walls. 

– install or replace wiring, cabling, power, or access points. 

– install a rainwater tank. 

– install a clothesline. 

– install a reverse cycle air conditioner. 

– install double or triple glazed windows. 

– install a heat pump. 

– install ceiling insulation. 

 

Minor renovations can’t involve structural changes or changes to a property’s outside appearance or anything affecting waterproofing (for example, most bathroom renovations). 

 

In support of an application, it is recommended the applicant provides: 

  • plans of the work, including dates and times of when the work will be done. 
  • an acoustic certificate to show sound insulation if you’re installing flooring. 
  • qualifications including licences and details of the tradespeople who will do the work. 

 

What are Major Renovations?

Major renovations require a special resolution at an annual general meeting (AGM) or other general meeting, and approval may not be given by a strata committee.  

 

A special resolution requires no more than 25% of the votes cast are against it, based on unit entitlement. 

Major renovations include: 

– structural changes (for example, moving a structural internal wall). 

– waterproofing (for example bathrooms). 

– changes affecting the outside appearance of the property, e.g., installation of an access ramp. 

– work needing approval under other laws (for example, council approval) 

– changes to the ceiling or making a false ceiling.

 

Giving notice 

If the work changes the structure of a lot (e.g., removing a wall or installing ducted air conditioning), at least 14 days’ written notice must be given to the owners corporation before work starts. 

 

The notice should describe how the renovations will change the property structure. 

 

It is recommended that the applicant provide the following information: 

  • plans of the work, including dates and times of when the work will be done. 
  • Council approval. 
  • In the case of the installation of new flooring supply an acoustic certificate. 
  • qualifications and details of the tradespeople carrying out the work including licences and insurance. 

 

Enquire if your renovation is affected by the provisions of Design and Building legislation. 

 

We have a form you can complete for properties we manage.

 

 

What is a By-law?

By-laws are a legislative set of rules and regulations that govern how a strata scheme or strata corporation operates. Their purpose is to regulate the behaviour and use of common property and individual lots within the strata scheme. Their aim being to maintain harmony, order, and fairness among residents.  

 

There are two main types of by-laws:  

 

1. Model By-laws provided under the Strata Schemes Management Act 2015 in New South Wales (NSW) cover common issues like noise, pets, parking, and the use of common property. 

 

2. Special By-laws are additional and customized by-laws which address specific issues or circumstances unique to their strata scheme.  

 

By-laws must be approved by a special resolution at a general meeting of the owners corporation and, once approved and registered within 12 months, they are legally binding.