Common Property vs Lot Owner Responsibilities: Who Pays for What Defect?

Strata schemes split the building into common property (managed by the owners corporation, funded by levies) and lots (owned and maintained by individual lot owners). The exact line depends on the strata plan and the legislation in your state, and it is the source of more disputes than any other strata issue.

In NSW, the Strata Schemes Management Act 2015 governs the common property boundary. Generally, the main structural elements, common services, common areas, and external walls are common property, while internal walls, finishes, and fittings within a lot are the owner's responsibility. By-laws can shift this in some cases.

In Victoria, the Owners Corporations Act 2006 takes a similar approach but with different terminology. Queensland uses the Body Corporate and Community Management Act 1997 and a different boundary convention.

Common dispute areas include: window frames and glazing (often common property, sometimes lot owner), balcony tiles and waterproofing (varies by plan), service pipes within walls (usually common property until they exit into the lot), air conditioning units (typically lot owner if exclusive to the lot), and intercom handsets (lot owner).

When in doubt, the strata plan is the authoritative document. A defect inspection should always cross-reference the plan to identify whether each finding is a common property obligation or a lot owner responsibility.