What is Common Property in a Strata Scheme?
In Western Australia, common property refers to all areas of a strata property that are not contained within an individual lot on the strata plan . In simple terms, if you own a unit (lot) in a strata scheme, everything outside your unit boundaries – shared spaces like land, structures, and facilities – is common property jointly owned by all the lot owners . Each owner’s share of the common property is determined by their unit entitlement (a number usually based on the lot’s value or size). There is no separate title for common property; instead, every strata title includes a proportional interest in the common property.
Examples of common property in a strata plan typically include:
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Building structure – foundations, external walls, roofs, and gutters.
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Shared facilities – lobbies, corridors, stairwells, elevators, and foyers.
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Outdoor areas – driveways, visitor parking bays, gardens, lawns, and courtyards (unless defined as part of a lot).
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Service infrastructure – common plumbing pipes, electrical wiring and ducts that service more than one unit.
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Amenities – swimming pools, gyms, BBQ areas, and other recreation spaces provided for residents.
It’s important to check your strata plan to know exactly what is common property in your scheme. Common property boundaries are often marked on the strata plan (e.g. by thick lines or notations). Generally, in a multi-storey building, the boundary of your lot is the inner surface of the walls, floor, and ceiling – so things like the slab between floors, the external balcony walls and windows, and front doors are usually common property. If you’re ever unsure, your strata manager or Landgate (the WA land authority) can help clarify the boundaries.
Legal Rights and Obligations Under the Strata Titles Act
All strata owners and residents have certain rights to use the common property, as well as obligations to follow rules and respect others. The Strata Titles Act 1985 (WA) defines these rights and duties clearly. Below are some key legal principles regarding common property in WA strata communities:
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Shared Ownership & Access: Common property is owned by all lot owners together (as a group called the strata company) in undivided shares proportional to their unit entitlements . This means every owner (and their tenants or invited guests) has the right to access and use the common property, so long as their use does not unreasonably interfere with other owners’ use and enjoyment . No single owner can claim exclusive ownership of any part of common property (unless a special legal arrangement is made – see Exclusive Use below).
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Use Restrictions: With the right to use common property comes the responsibility to use it considerately. All owners and occupiers must comply with the strata by-laws that govern common property. For example, there may be by-laws about noise in hallways, not obstructing passageways, or guidelines for using facilities like pools or parking bays. You cannot impede others from using an area that is meant to be shared.
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No Unauthorized Alterations: Individual owners cannot renovate, alter, or build on common property without approval. You are not allowed to, for instance, paint the exterior of the building, install a structure in a courtyard, or attach anything permanent to external walls or the roof, unless the strata company has agreed. Typically, a special resolution of owners is required to approve alterations to common property. In many cases, an exclusive use by-lawmust be passed if an owner is to be given special rights to modify or exclusively use a part of common property . (This is a formal process where all or most owners agree to give that owner ongoing permission, often recorded in the strata scheme’s by-laws.) Without such permission, any unapproved structure or alteration can legally be removed at the owner’s expense to ensure all owners retain equal access.
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Voting and Decisions: Because common property is shared, decisions about it are made collectively. Owners have the right to vote on matters affecting the common property at general meetings of the strata company. This includes decisions about budgets for maintenance, upgrades or improvements to common facilities, and changes to by-laws that affect common property use. Typically, each owner’s vote is weighted by their unit entitlement (meaning larger lots may have a slightly bigger say), and certain decisions (like improvements or exclusive use grants) may require a special majority or unanimous agreement as specified in the Act.
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Liability for Damage: If an owner or their tenant causes damage to common property (beyond normal wear and tear), the strata company can seek to have that owner cover the cost of repairs. For instance, if someone accidentally breaks the security gate or a window in the lobby, and it’s clear who is responsible, the Council of the Strata Company may request that that individual pays for the damage or reimburses the strata for the repair bill. Likewise, if an owner or occupier is negligent on common property and someone is injured, that owner could be held liable for the injury. It’s important for everyone to behave responsibly in shared areas for this reason. (Note: The strata company carries insurance for common property and public liability – see Insurance in the management section – but the insurer may pursue the responsible party for costs in cases of negligence.)
Exclusive Use and Special Privileges: In some situations, an owner might wish to have exclusive use of part of the common property (for example, a piece of garden for their own use or a parking spot). WA strata law allows this through an exclusive use by-law or a licence, which must be approved by the owners (often requiring no dissent or a high majority) . Such a by-law would grant that owner the exclusive enjoyment of the specified area without transferring ownership, and usually makes that owner responsible for maintaining that area. Unless you have this explicit approval recorded, you cannot treat any portion of common property as if it were solely yours.
How is Common Property Managed?
Managing common property is a collective effort in any strata scheme. In WA, every strata scheme has a strata company (the legal entity comprising all lot owners) which is responsible for the control and management of the common property for the benefit of all owners . The strata company and its elected council work together (often with a professional manager) to ensure the shared areas are properly maintained and rules are followed. Here’s how common property is typically managed:
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Council of the Strata Company (Council of Owners): The strata company (all owners) usually elects a council at each Annual General Meeting (AGM) to make day-to-day decisions on behalf of all owners. The Council of the Strata Company acts similarly to a committee or board – they convene to handle issues like arranging repairs, enforcing by-laws, and budgeting for upkeep of common property. For example, if a light in the stairwell is broken or the gardens need maintenance, the council will address it (often by instructing the strata manager to take action). This council operates under the Strata Titles Act and the scheme’s by-laws, and must act in the best interest of all owners when managing common property.
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Strata Manager: Many WA strata companies hire a strata manager (a professional strata management firm) to assist with the administration of the scheme. A strata manager’s role includes coordinating maintenance and repairs of common property, obtaining quotes and contractors for works, collecting strata levies, keeping financial records, arranging required insurance, and ensuring the strata company complies with legal obligations. The strata manager works on behalf of the owners — they do not make the big decisions but rather carry out the decisions of the council and the resolutions passed by the owners. For instance, the strata manager might schedule regular cleaning of common areas, organise the annual gutter cleaning, or facilitate emergency repairs like fixing a burst common property pipe, all in line with the budget and instructions given by the council.
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By-Laws: Every strata scheme has a set of by-laws (rules) that provide guidelines on how common property and lots can be used and how residents should behave. Some by-laws are standard (provided by the Act) and others are custom to the scheme. By-laws related to common property can cover a wide range of matters – from whether pets can be in common areas, to parking rules, noise curfews, use of barbecue or pool areas, and even where you can dry laundry. These rules help ensure everyone enjoys the common spaces peacefully and that the property is kept in good order. The strata company (through the council or in general meetings) can enforce by-laws: for example, issuing warnings or infringement notices if someone consistently breaches a rule (such as leaving personal items in the hallway or parking improperly in common parking). It’s important for both owners and tenants to be familiar with and follow the by-laws to maintain harmony and avoid penalties.
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Maintenance & Repairs: A core part of managing common property is performing regular maintenance and timely repairs. The strata company is legally obliged to keep the common property in good and serviceable repair. This includes routine tasks like cleaning the lobby, servicing the lift, gardening, and pool maintenance, as well as major tasks like repainting the building, resurfacing driveways, or replacing old common property pipes or fences. In WA, larger strata schemes (10 lots or more) are required to prepare a 10-year maintenance plan for common property, and all strata companies should ideally have a maintenance schedule. This forward planning ensures that everyone is aware of upcoming big expenses (like a roof replacement in five years) and can budget accordingly. Regular inspections might be conducted to identify issues early. If an urgent repair is needed (say, a automatic garage door fails or there’s a plumbing leak in a common line), the council or strata manager will arrange the fix as soon as possible to avoid inconvenience or damage.
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Insurance: The strata company must carry insurance for the common property (indeed, for all insurable buildings and sometimes infrastructure on the land). This typically includes building insurance (covering damage from events like fire, storm, earthquake, etc. to the structure of the building including common areas and usually internal lot structures too) and public liability insurance (covering injuries or property damage that occur in the common areas). For example, if a visitor slips in a wet common hallway and is injured, the strata’s insurance would handle any liability claim. Owners pay for these insurance premiums through their levies, and it protects everyone’s collective investment. (Note: Owners are usually still responsible for insuring their own contents and personal property inside their lot, as the strata policy won’t cover furniture, personal belongings or internal fixtures improvements in individual units.)
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Meetings and Decisions: Key decisions about common property are made at meetings of the owners. The Annual General Meeting (AGM) is held once a year and covers important matters like reviewing financial statements, setting the budget (and thereby determining levy contributions), electing the council, and voting on any significant issues or motions (e.g. approving a renovation of the lobby or updating by-laws). If needed, additional general meetings can be called to handle specific decisions (for instance, if a major repair can’t wait until the next AGM). Owners are notified in advance and given agendas for meetings, and decisions are made by resolutions as defined in the Act (ordinary resolution, special resolution, etc., depending on the matter). Active participation by owners in these meetings is encouraged, because it’s where you can have a say in how the common property is managed. Even tenants can be indirectly involved by informing their landlords or the council of any issues they observe – while tenants don’t get a vote (unless they hold a proxy for an owner), their input can still be communicated via the owner or managing agent.
In summary, common property is managed through a combination of collective owner decision-making and the execution of those decisions by the council and strata manager. Good communication and community involvement go a long way: if everyone understands the rules and contributes to upkeep (even if it’s just reporting a problem when you see it), the common property will be better for all.
Benefits of Well-Managed Common Property
Living in a strata community means you share not only ownership of common property, but also the benefits that come with it. When common property is well-managed and maintained, it can greatly enhance the living experience for both owners and tenants. Here are some of the key benefits:
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Cost Sharing: By pooling resources, owners can share the costs of facilities and maintenance. Because common property expenses (like gardening, building repairs, or pool upkeep) are divided among all lot owners, each individual only pays a fraction of the total cost. This makes it more affordable to enjoy amenities and maintain the property than it would be for a single homeowner maintaining similar features alone. For example, the cost of maintaining a swimming pool or lift is shared by the whole building, which is far cheaper per person than each owner having to bear it alone for a private pool or elevator .
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Access to Amenities: Strata common property often includes amenities and facilities that might be too expensive or impractical for an individual to have on their own. As a member of a strata community, you might have access to landscaped gardens, barbecue areas, a gym, a swimming pool, a communal entertainment room, or secure parking. These shared amenities improve quality of life and can be enjoyed by all residents. Even if you might not use every facility regularly, they are available for you (and your guests) when you want – and they can make apartment or unit living more enjoyable and convenient .
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Increased Property Value: A well-maintained building and attractive common areas can boost the value of all individual lots in the scheme. When prospective buyers or renters visit, the first impression is often the entrance, gardens, or corridors. Clean, safe, and aesthetically pleasing common property signals that the property is cared for, which in turn makes units in the complex more desirable. Over time, consistent upkeep of common property (like repainting exteriors when needed, keeping the grounds tidy, ensuring the building structure is sound) protects the investment everyone has made. Many buyers are willing to pay a premium to live in a development with great amenities and a good maintenance record. In short, taking care of common property helps uphold (and potentially raise) the market value of your home .
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Consistency and Appearance: When common property is managed under one plan, you can achieve a coherent, uniform standard of appearance and quality throughout the complex. This means the gardens, walkways, and building exterior will have a consistent look and maintenance schedule. Uniform maintenance prevents situations where one neglected area drags down the appearance of the whole property. For residents, this consistency creates a pleasant environment – you’re not relying on individual owners to maintain bits and pieces piecemeal; it’s done collectively to a common standard. This is especially important for things like the building facade or shared fences – they’ll be repaired or painted all at once, giving a neat, harmonious look to the community .
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Community Living and Social Benefits: Common property can provide spaces where neighbors meet and build a sense of community. Well-maintained gardens, courtyards, or a residents’ lounge can become social hubs. You might bump into your neighbors while checking the mail or enjoy a chat by the pool or barbecue on the weekend. These interactions can foster a friendlier, safer atmosphere in the complex – people look out for one another more when there’s a sense of community. Additionally, sharing the responsibility of common property encourages a spirit of cooperation. Owners often come together at meetings to discuss improvements or solve issues, which is a form of community engagement. A positive, community-focused strata can lead to initiatives like social events, volunteer gardening days, or simply an informal network of neighbors helping each other (for example, collecting mail when someone’s away). All of this can improve the living experience in strata beyond just the physical benefits.
In essence, well-managed common property not only saves money and provides nice extras – it also contributes to a happier, more cohesive community. Both owners and tenants benefit from a clean, safe and friendly environment. By investing time and effort into maintaining common areas, strata communities reap these rewards collectively.
Maintenance Responsibilities and Strata Levies
One of the most important aspects of strata living is understanding who is responsible for maintenance of the common property and how it’s funded. In Western Australia, the law is very clear on this: the strata company (all the owners collectively) is responsible for the repair, maintenance, and management of the common property . Practically, this duty is carried out by the Council of the Strata Company or strata manager on the owners’ behalf, but every owner has a role in supporting it through their contributions (levies) and cooperation.
Strata Company’s Duties: Under the Strata Titles Act, strata companies must keep common property in good order. This means if something on the common property breaks or wears out, the strata company must fix it. For example, if tiles in the foyer crack, the roof starts leaking, or the automatic garage gate fails, it’s up to the strata company to arrange repairs or replacements. Owners should report any common property damage or maintenance issues to the council or strata manager as soon as they notice them, so the problem can be addressed promptly. By law, strata companies in WA (especially larger ones) should also plan for future maintenance – which is why having a maintenance plan or reserve fund for big-ticket items (like repainting or lift upgrades) is considered good practice and often required.
Owner Contributions (Levies): To pay for all these common property expenses, the strata company raises money from the owners in the form of strata levies (also called strata fees). A levy is each owner’s share of the anticipated costs to run the strata scheme – including maintenance of common property, insurance premiums, management fees, utilities for common areas (like lighting or water for the gardens), and contributions to a reserve fund for long-term projects. Levies are typically calculated based on unit entitlement, so larger lots pay a bit more and smaller lots pay less, proportionate to their share. They are usually billed quarterly or annually as decided by the owners. All owners are legally obliged to pay their levies by the due dates set. Failing to pay can result in penalties (interest on arrears) and can even lead to debt recovery actions, which is unpleasant for everyone. Remember that when someone doesn’t pay, it effectively means there’s less money available to maintain the property, potentially impacting all residents or forcing additional special levies – so it’s in the whole community’s interest that everyone contributes on time.
Maintenance Funds: Most strata companies maintain two types of funds – an administrative (operating) fund for day-to-day expenses and a reserve fund for long-term capital works on common property. For example, routine cleaning, minor repairs, and insurance might come from the admin fund, whereas a reserve fund saves up money over years to re-pave the driveway or replace all the old plumbing in a decade. In WA, schemes with 10 or more lots are required to have a reserve fund and a 10-year plan for major common property maintenance. Even smaller schemes benefit from having some savings for unexpected big repairs. The council will propose how much money goes into each fund as part of the annual budget, which owners approve at the AGM.
Role of Owners and Tenants: While the strata company handles organized maintenance, owners and tenants can help by treating common property with care. Simple acts like keeping the hallways clean, not causing damage, and following by-laws (e.g. using proper moving procedures to avoid scuffing walls when moving furniture) all reduce unnecessary wear and tear. If you’re an owner, staying informed about your strata’s maintenance plan and attending meetings to vote on important issues is part of your responsibility. If you’re a tenant, you should promptly report any issues you see to your landlord or the strata manager, and allow access for repairs when needed. Good communication ensures that repairs happen smoothly.
In terms of who actually fixes things, the strata council or manager will hire licensed contractors (electricians, plumbers, gardeners, builders, etc.) to carry out work on common property. Owners typically should not undertake major repairs themselves (for liability and insurance reasons) – though in an emergency, anyone should take reasonable action to prevent damage (for instance, turning off a mains water valve if a common pipe bursts). The costs for approved common property maintenance come out of the strata funds. If a repair benefits a specific lot exclusively (and is due to something in that lot), sometimes the cost may be passed to that lot’s owner, depending on the situation and the scheme’s by-laws or resolutions. For general common property repairs, though, the default is that it’s a shared cost.
Strata Insurance Claims: If significant damage occurs to common property (say a storm blows off part of the roof or there’s a fire in the building), the strata company’s building insurance is there to cover it. The council or strata manager will lodge insurance claims and oversee the repair works funded by the insurer. Owners might only need to pay the insurance excess through levies or, if the damage was caused by a particular owner’s actions (like a fire starting from an owner’s negligence), that owner might be asked to pay the excess. Insurance ensures that sudden large expenses don’t all fall on owners at once, keeping maintenance of common areas financially manageable.
In summary, the strata company (all owners together) carries the responsibility for looking after common property, and this is funded by everyone pitching in through levies. By understanding this system, owners and tenants can cooperate to keep their community well-maintained. Paying your levies and reporting problems promptly are two of the best ways to fulfill your part in maintaining common property. After all, when the shared property is in top shape, everyone benefits.
FAQ: Common Questions about Common Property
Q: Can I renovate or change something on the common property (like install my own improvements)?
A: Not without proper approval. Generally, individual owners or tenants cannot make alterations to common property on their own. This means you shouldn’t change fixtures, paint walls, install structures, or modify landscaping in the shared areas without the strata company’s permission. If you have a proposal – for example, you want to install an air-conditioning unit that attaches to an exterior wall or you’d like to put up a shade sail in a common courtyard – you must submit a request to the Council of the Strata Company. Typically, a special resolution of owners is needed to approve alterations, and in many cases the owners might require an exclusive use by-law to be passed for significant changes. Minor modifications (like a doormat outside your door or a potted plant in the hallway) can also be subject to by-laws or council policies, so always check the rules of your strata. Doing any renovation or addition to common property without approval can lead to you being asked to remove it and pay for any resulting damage, so it’s always best to get the green light from the strata company first.
Q: Who pays for damage to shared common areas if something gets broken?
A: The cost of repairing common property is normally covered by the strata company – which means all owners share the cost through their levies or insurance. If something in a common area breaks due to wear and tear or an accident with no particular person at fault, the strata’s funds (or insurance policy, if applicable) will pay for the fix. However, if the damage is caused by the negligence or misuse of a specific person, the strata company can seek to recover the cost from that person. For example, if a resident’s removalist scratches up the elevator walls or an owner’s guest crashes into a common area gate, the strata council may pass on the repair bill to that owner. Generally, the process would be: the strata company arranges the repair (to ensure it’s done correctly), and then they may invoice the responsible owner or deduct from their contributions, especially if a by-law or the Act provides for this recovery. It’s also worth noting that the strata’s building insurance might cover major damage (like from a burst pipe flooding the hallway); in such cases the insurance excess paid by the strata could be charged to the owner at fault if one can be identified. In summary, everyday damages = shared cost, but negligent damages = responsible party pays. If you notice damage, report it so it can be fixed promptly – it helps keep the area safe and avoids bigger costs down the line.
Q: I’m a tenant – can I use the common property facilities just like an owner?
A: Yes, absolutely. As a tenant, you have the right to use the common property areas and facilities of the strata complex as part of your tenancy. Amenities like the pool, gym, garden, car parks, etc., are there for all residents, not just owners. In fact, you likely signed a lease for the property which includes access to those common areas. However, you must follow the same strata by-laws and rules that owners do when using common property. This means, for instance, if there are by-laws setting pool hours or requiring booking of a common BBQ area for private gatherings, you need to adhere to those. Tenants are subject to the bylaws just as owners are – any breaches (like causing noise disturbances or property damage in common areas) can result in warnings or fines to the owner of your unit, which will ultimately involve you as the occupant. Also, remember that while you can enjoy common property, you don’t participate in the decision-making of the strata company (since you’re not the owner). You won’t attend AGMs or vote on issues. Instead, if you have concerns or suggestions (say the security gate isn’t working or lights are out in the car park), you should inform your landlord or property manager, who can then raise it with the strata council or manager. Good communication ensures you get to enjoy a well-maintained environment. Many strata complexes welcome tenants as part of the community, and you’re encouraged to take equal care of common property – it’s part of your home too.
Q: Do I have to pay for amenities or services I don’t use? My unit doesn’t use the pool, so can I opt out of those costs?
A: In a strata, all owners share the costs for all common property, whether or not you personally use every facility. There is no opting out of paying for a particular item – levies cover the budget of the whole strata scheme, which is approved by the collective owners. Even if you never take a dip in the pool or you rarely use the elevator (for instance, if you live on the ground floor), you still need to contribute to their maintenance. This is because you still benefit indirectly: the facilities add value to the property and are available for you or your guests at any time. Also, the concept of shared ownership means you do own a portion of that pool and elevator in theory, so you’re responsible for your share of its upkeep. All owners are equally responsible for common property costs by law – you can’t divide the strata fees item by item based on usage. Think of it like council rates: you might never go to the local park, but your rates still help mow it, because it’s part of the community assets. The same in strata – today you might not use the gym, but tomorrow you might, or a future buyer of your unit might highly value it. That said, if the majority of owners truly feel an amenity isn’t worth the cost (say the upkeep of a little-used facility is too high), they can collectively vote to repurpose or remove it, but that’s a big decision. On an individual level, by contributing to all common costs, you help ensure the building and its features are well-kept, which preserves the overall value of your investment.
By understanding common property and its management, both strata owners and tenants can enjoy a smoother, more community-oriented living experience. Strata living is all about sharing – not just costs, but also responsibilities and benefits. When everyone works together to take care of the common property, disputes are reduced and the strata community thrives. Whether it’s abiding by the by-laws, paying levies on time, or simply being considerate in shared spaces, each little action by residents contributes to a harmonious and well-maintained environment that everyone can be proud of.
