Common Property & Private Property

Transcription

1 Common Property & Private Property Responsibility of Repairs & Maintenance Michael Deane

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4 What is Common Property? "Common property, for a community titles scheme is, effectively, freehold land forming part of the scheme land, but not forming part of a lot included in the scheme". (footnote to Section 10 of the BCCMA)

5 Survey Plans for a community titles scheme show the boundaries of the common property and the lots in the scheme. The two most common plans of subdivision are: Building Format Plan (BFP), formally known as Building Unit Plan (BUP) Standard Format Plan (SFP), formally known as Group Titles Plan (GTP)

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7 Building Format Plan A building format plan defines land using the structural elements of a building, including, for example, floors, walls and ceilings.

8 Building Format Plan - Multi-Level Building

9 Building Format Plan - Townhouse

10 The Body Corporate is usually responsible for: Maintenance to the outside of the building including railings, parapets and balustrades on the boundary of a lot Exterior doors, windows and associated fittings situated in a boundary wall (this also includes garage doors and associated fittings) Foundations of the building Essential supporting framework, including load bearing walls Roofing structures including membranes that provide protection for lots and common property Waterproof membranes that provide protection for lots and common property Gardens and lawn on common property Common utility infrastructure General pest control on common property Termite prevention and inspection to common property, including all lots

11 The Owner(s) is usually responsible for: Doors and windows within the boundary of the lot (i.e. door between the inside of a lot and an outdoor balcony or patio) Kitchen, bathroom and bedroom cupboards Sinks, dishwashers, garbage disposal units, shower screens & shower trays Hot water systems, air conditioning system Gardens and lawns in private lots Exclusive use areas the owner has exclusive benefit of (unless the by-law provides to the contrary) Any fixtures or fittings installed by the lot owner for the benefit of the lot owner (i.e. solar panels, awnings etc.) Some elements of utility infrastructure General pest control within the lot

12 Standard Format Plan A standard format plan defines land horizontally with references to marks on the ground or a structural element (for example, survey pegs in the ground or the corner of adwelling).

13 The Body Corporate is usually responsible for: The common property including roads, gardens and lawns Guttering and associated downpipes spanning more than one lot Common utility infrastructure General pest control on common property Termite prevention and inspection to common property

14 The Owner(s) is usually responsible for: Maintenance of the building or their part of, including painting, exterior walls, doors, windows and roofing with the exception of shared guttering Building foundations & supporting framework Roofing Lawn and gardens within the boundary of the lot General pest control within the lot Termite prevention and inspection of the building

15 Exclusive Use

16 Dividing Fences in Community Titles Schemes Dividing fence between a lot and common property all associated costs, 50/50 between lot owner and the Body Corporate Dividing fence between two lots all associated costs, 50/50 between the two lot owners Dividing Fence between a lot and a property outside the scheme (Boundary Fence of the Scheme) all associated costs, 50/50 between the Body Corporate and the adjoining property owner

17 Utility Infrastructure Community Titles Schemes The Body Corporate is usually responsible for utility infrastructure part of common property. All utility infrastructure in a Community Titles Scheme is part of common property except utility infrastructure that: Supplies a utility service to only 1 lot Is within the boundaries of the lot Is not within a boundary structure for the lot Therefore the lot owner is responsible to maintain utility infrastructure, including utility infrastructure located on common property if it relates only to supply utility services to one lot. Utility Infrastructure means - (a) cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or common property are supplied with utility services and; (b) a device for measuring the reticulation or supply of a utility service. Utility Service means water reticulation or supply, gas reticulation of supply, electricity supply, air conditioning, telephone service, computer data or television service, sewer system, drainage.

18 Utility Infrastructure Responsibilities under a Building Format Plan The Body Corporate is usually responsible for: The water pipes shown in red on the utility infrastructure plan to the left, as they are located within a boundary structure and are servicing more than one lot. The Lot Owner(s) is usually responsible for: The water pipes or cables shown in blue on the utility infrastructure plan to the left, as they service Lot 1 only, and are located within an internal wall and not a boundary structure.

19 Utility Infrastructure Responsibilities under a Standard Format Plan The Body Corporate is usually responsible for: The water pipes shown in red on the utility infrastructure plan to the left, as these supply the service to more than one lot. The guttering, and associated downpipes shown above in pink which span 2 lots (1 and 2 and 3 and 4), supplying a service to more than one lot. The Lot Owner(s) is usually responsible for: The water pipes or cables shown in blue, as they service one lot only. The guttering, and associated downpipes shown in brown above on Lot 7, as they service only that lot.

20 MORE INFORMATION Office of the Commissioner for Body Corporate & Community Management W: PH: