Where is common property shown?

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  • 12/07/2023 at 7:45 am #69361
    optusJo
    Flatchatter

      Hi I am in Victoria

      Background: I bought the apartment in 1980 and I have been looking at the Title (from the old days – so paper copy). The Title shows the outer walls of the apartment.   Where is the common property shown?

      It about 1990 – some apartments put in skylights and the fencing which runs along the roof/my outside area was replaced.  I have always had access to the roof (which is the floor of my outside area).  Just as there is no record of minutes allowing the skylights, there is no record/minutes “allowing”  access to this outside area.   I have sole access to a gate and path which leads to my apartment and outside area   – this is not shown on my title.  I would assume it is common area.  The gate and timber fence barrier, which keeps people from falling off the roof have always been there.

      I would like to keep the outside area.  What happens in this situation?

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    • 12/07/2023 at 8:25 am #69365
      JulieMcLean
      Strataguru

        Assuming the Plan number starts with a SP or RP, your property is a strata plan. This means the common property is all the land on the plan excluding the footprint of each unit or accessory unit which is defined by buildings.

        Being strata the horizontal boundary will be stated on the legend which typically will be “lies within floor/ceiling” or it will state a height and depth “25 feet above” or “3 feet below”. The vertical boundary will be median, unless otherwise stated.

        So what does that mean to you.

        Most likely the areas you refer to as exclusive use are common property. In Victoria we don’t have exclusive use bylaws, but the OC has the power to lease or licence any part of common property by special resolution.

        I would suggest that your OC revisit all previous approvals and acknowledge those approvals and formalise the future management of those areas by granting lease or licence to individual owners.

        The upside, a proper lease/licence covers all the assumptions like maintenance, repair, replacement, improvements, any limitations of use, insurance. These are the topics that lead to most disputes so good to have clarity.

        The downside, if you are the only one with an area like this, the cost of preparing the lease/licence will be your cost. If there are others in same situation but not all, the cost will be shared by those needing the lease/licence.

        26/07/2023 at 9:36 am #69543
        optusJo
        Flatchatter
        Chat-starter

          I have looked at the title and it begins with LP – it is from memory a Stratum Title.  I don’t think it was ever changed from Stratum to Strata.  We have shares in common property.  There are service agreements, Caveats, Charges and Covenants that come with the title.
          We have no by-laws – are there any rules applicable to Stratum versus Strata?
          Are there rules regarding what makes a quorum, if special resolutions are needed etc?

           

          26/07/2023 at 9:39 am #69551
          Jimmy-T
          Keymaster

            A couple of real estate web pages carry the following:

            Stratum title is a combination of stratum and company titles. An owner will hold the strata title for the portion of the land that is theirs, while a company title would cover any land that is shared, which would be part-owned by each individual in the group.

            I have to say I am none the wiser.  If there is a portion of the property that is considered strata, then you would think the default rules of strata would apply.  But that is a guess. Stratum in Victoria feels like a different planet to me, so I hope another reader can offer better advice than I can.

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
            27/07/2023 at 12:21 am #69563
            optusJo
            Flatchatter
            Chat-starter

              I am not sure if I hit “send” … I meant to … sorry!

              I am not sure if this should be a new topic.
              At the recent AGM – 3 issues that concern me were discussed.  The “decking”,”carparking” and “skylights”

              I have asked a conveyancer to look at my title, caveat, easements, instruments and Service Agreement.

              Decking: I acknowledge that I have a “decking” over common property.  At the time 1980 – when I bought the place it existed.  In 2009 when the roofs were fixed the Body Corporate painted the railings and put in the posts and I had  the timber decking replaced. (The only proof I have is the invoice from the contractor: “removed old timbers and constructed a new deck and sealed the new timbers ..”)

              I am prepared to pay for a lease over the common area patio – how or who do I go to get this sorted?

              Skylights: In the 1990s , 2 or 3  units put in skylights.  No discussion of this was mentioned in the Minutes.  If I need a “lease”, they should have a lease too?  There are number of other common property areas which have been “gated off” – are they on lease?

              Parking: In 1980 I was told  where I could park on the grounds.  At the AGM it was “agreed” that no car park on title meant no parking on the grounds and the spots were for visitors.  No mention was made of Service Agreements which form part of the title.  According to the Service Agreement, I am allowed to park on Residual Land with consent in writing.  I do not have anything in writing but other cars are parked in those spots on the grounds.

              The Minutes have now come out – I  challenge some of the points (not resolutions).  When I asked if there was a protocol for doing this the response was that the meeting isn’t a transcript of what took place, it is to capture the main points and they can be rejected at the next meeting.  There were no motions as such put to the meeting – but the Minutes read as if the votes carry the discussion.  At the AGM on zoom there were  6 present, 2 Proxies and  1 Apology (total units = 24)

              I was told at the AGM that “as a stratum Body Corporate it only needs 2 directors to pass a resolution”  I subsequently questioned this and I was referred to the Owner Portal.  I asked if I was meant to look at the “Instrument of Delegation” – no response.

              What can I do now?  Do I have any rights ?

              01/11/2023 at 4:20 pm #71007
              optusJo
              Flatchatter
              Chat-starter

                further to #69563
                So after stressing about all this – I went back to a paper file I call – History Vol 1.

                I found 2 AGMs in  2004 and 2005 from a previous Owners Corporation manager, which clearly states that owners of decking and skylight are their personal responsibility.  My copy of the AGM is a printed copy of the AGMs –  the present Strata Manager should have a copy of this document.  Surely they would have these important documents – why aren’t they on the owner’s portal?

                So now do I need to ask for a 99 year lease or something?

                Thank you

                 

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