Are balconies common property wa?
In majority of cases the balcony is part of the lot. The doors that access the balcony are wholly contained within the lot and are lot owner responsibility. Any windows from the lot onto the balcony are also lot owner responsibility. Occasionally balconies are allocated as exclusive use.
What role does common property play in Strata Title Act?
In a strata-titled property, common property is an area that does not belong to any particular parcel owner. Both the management corporation and the parcel owner has a responsibility to maintain the common property. They also need to ensure that the property can be use and enjoy by the parcel owners.
What is common property in strata title?
Common property is all the areas of the land and buildings not included in any lot. It is jointly owned by all owners, and the owners corporation is responsible for its management. The lot and common property will be defined on your individual strata plan.
What is common property in strata WA?
Common property is property that is jointly owned by all owners in the strata titles scheme as tenants in common and is not contained within any lot. In a survey-strata, each area of common property is shown on the scheme plan and has its own unique number.
Is balcony a common area?
A balcony is a very common example of exclusive use common property.
Are balconies common property in strata?
most balcony doors are usually common property if the strata plan was registered after 1974. a townhouse or villa), is usually common property if the strata plan was registered after 1 July 1974, unless the registered strata plan says it is not.
Can JMB sue developer?
The JMB comprises the developer and all parcel owners [Section 17(4) of the SMA]. The JMB is a body corporate having perpetual succession and a common seal [Section 17(2) of the SMA]. The JMB may sue and be sued in its name [Section 17(3) of the SMA].
What is the difference between survey strata and green title?
The fundamental difference between green title and survey strata lots are that they are each created under separate Acts of Parliament. Green titled or Torrens titled lots are created under the Transfer of Land Act 1893. Survey strata and strata lots are created by virtue of the Strata Titles Act 1985.
Can you hang washing on balcony?
Laundry and washing Generally, you can only hang washing on your balcony if it can’t be seen from the street below or the common property. So if your balcony overlooks the street, use a portable airer that sits below the level of the balustrade.
Is an apartment balcony considered a common area?
Limited common elements may be found within or outside individual condo units. Although they are deemed common, their use is limited to the occupant of the unit. Examples include balconies, (shared) outdoor space such as patios and terraces, and parking lots and garages.
What is the difference between JMB and JMC?
It is sometimes referred to as the Joint Management Corporation (JMC) and serves to represent all strata unit owners and decide how to best manage the strata development. The main difference between a JMB and an MC is the former is an interim body that exists before the issuance of strata title by the land office.
Are fly screens covered by strata?
In almost all cases, fly screens and screen doors on apartments are lot owner property and not common property as the screens didn’t form part of the common property at the time of the strata scheme being registered.
What role does common property play in strata Title Act?
In addition to common property, many condominiums have spaces that fall under the definition of limited common property. Examples of limited common property include individual patio or balcony space, courtyards and outdoor terraces that are designated for a specific group of condo owners.
Are balconies and decks part of common property or a lot? Balcony structural elements which are affixed at the time of registration of the strata plan are common property and as such the responsibility for the repair and maintenance of balconies falls on the owners corporation or bodies corporate.
The primary difference between a green title subdivision and a survey strata subdivision is the nature of the land titles created – green title allows the creation of individual land titles for each lot, while survey strata creates individual land parcels on one title.
What do you need to know about strata titles?
Requirement for local government approval 42 Division 2 —Preliminary determinations 24. Preliminary determinations by local government 43 Division 3 —Common property 25. Long term lease of temporary common property 44 26. Long term lease or licence over common property 45 Division 4 —Review of decisions 27.
How is common property defined in a strata?
Another key element of strata title is the creation of common property, which is any area within the parcel of land that is not defined as part of a lot. Common property is, as the name suggests, owned by all the lot owners within the parcel in undivided shares i.e. as tenants in common.
What are the regulations for balconies in Strata schemes?
To the best of my knowledge, these 4 balconies were compliant with the BCA regulations at the time of construction. The safety of a strata scheme’s premises for both residents and guests should be one of the primary concerns of an owners corporation.
When did Strata Titles Act 1985 come into effect?
Strata Titles Act 1985 As at 01 May 2020 Version 07-h0-01 page i Published on www.legislation.wa.gov.au Western Australia Strata Titles Act 1985 Contents Part 1 —Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Notes and examples not part of Act 25 5. Act binds Crown 25 Part 2 —Strata titles schemes 6.