Strata Title FAQ - How can I formalise common property section use?

Date: March 03, 2011

Q. I have a part of the common property which is not on my title but no one uses the area except me. How can I formalise my use of this part of the common property?

A. There are several ways of doing this, all requiring the consent of the owners corporation of course. These include:

• Merely obtaining permission or a 'licence' from the owners corporation to use that part of the common property.
• Arranging for a lease of that part of the common property.
• Arranging for exclusive use rights with respect to that part of the common property to be given by way of a by-law.
• Acquiring the freehold of that part of the common property.

Of these, the most secure is the last one referred to, where the freehold rights are acquired. However this is the most complicated and most expensive alternative. This would usually involve the preparation of a strata plan of subdivision and the re-definition of the common property. All of the other methods entail that part of the common property concerned remaining as common property, albeit with rights given to one owner.

The most frequently used is the third-mentioned alternative, the granting of exclusive use rights to the owner of one particular unit. This would not normally permit that owner to construct any building on that part of the common property land. To be effective, the exclusive use rights need to be formalised by registration of the change of by-laws document on the title to the common property.