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Strata living has become a far more popular choice of home ownership for Australians over the past 20 years. This area of law is complex and Marc Hutchings and Associates are specialists in providing legal services to Owners Corporations, Executive Committees and Managing Agents.


If you are seeking legal advice in this area of law we recommend that you first search the extensive information available to you free on the internet.


We recommend the following internet websites to you:-


  • The NSW Office Of Fair Trading
  • The Institute Of Strata Title Management Limited
  • The Consumer, Trader & Tenancy Tribunal


If you are a member of an Owners Corporation, it is important to learn as much as you can about the operation of the Strata By-laws, the Responsibilities of Managing Agents, and very importantly, the obligations of lot owners who are members of an Owners Corporation.


In the first instance a fundamental understanding of the Strata Scheme By-Laws is essential in order to understand the set of rules that all people living in the Strata Scheme must follow. Commonly By-laws deal with the following:

  • Noise
  • Cleaning Windows
  • Vehicles
  • Storage of Inflammable Liquids
  • Obstruction of Common Property
  • Moving Furniture on or through Common Property
  • Damage to Lawns and Gardens
  • Floor Coverings
  • Damage to Common Property
  • Garbage Disposal
  • Behaviour of Owners and Occupiers
  • Keeping of Animals
  • Children Playing on Common Property
  • Appearance of the Lot
  • Behaviour of Invitees
  • Notice Boards
  • Depositing Rubbish on Common Property
  • Notice of a Change of Lot Usage
  • Drying of Laundry Items
  • Fire Safety Inspections


It is also essential to understand the distinction between Common Property and Lot Property.


Lot Property


In most Strata Schemes the Lot Owner owns the inside of the unit but not the main structure of the building. The structural walls, ceiling, roof and the floor are Common Property. However, non structural internal walls within the unit, floor coverings such as carpet, and fixtures such as baths, toilets and kitchen cupboards and bench tops are Lot Property.


Common Property


Parts of the building that are Common Property include stairways, walls, doors, windows, ceramic tiles, plumbing pipes, electrical wiring in the Common Property that is connected to more than one lot, floor boards installed originally, roofs, gutters, gardens, pathways, letter boxes, outside lighting, etc. In other words, all property that is not Lot Property.


For a precise clarification of the distinction between Lot and Common Property please seek legal advice.


If you require legal advice concerning Strata Schemes and Management issues, please contact us on 02 9460 6202 and we will be happy to assist you.


For referral to an independent building consultant to advise on building issues involving Strata Properties, please contact us for the name and contact details of an expert building consultant located in your area.

Call us now on (02) 9460 6202 or 0421 695 571 anytime Monday to Saturday.


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