A Strata is a type of real estate development, which, under the Registration (Strata Titles) Act (the “Act”), is owned and administered by a Strata Corporation (the “Corporation”). A Strata is a body corporate made up of all the owners/proprietors in the development, which is capable of being sued, and can sue in its own name. In any Strata development, there is always an area referred to as “Common Property”, in which all the proprietors share ownership of same “in common”. The Act states:

“Common Property means, in relation to any strata plan so much of the land to which such plan relates as is for the time being not included any strata lot contained in such plan.” 

Therefore, Common Property includes areas and facilities that are shared and owned among the proprietors, such as, the roof, hallways, lobbies, elevators, parking areas, and recreational facilities such as parks, or simply the front lawn. Essentially, anything outside of an individual proprietor’s strata lot or unit, is Common Property. The ownership of these areas, being shared in common by all the proprietors within the Strata, comes with certain rights and obligations that must be followed, and a breach of these rights and obligations can result in action against the offending proprietor. In this article, we will briefly look at some basic rights and the obligations of the proprietors, as well as the Corporation itself, in relation to Common Property in a Strata.

  1. 1. Access and use- Proprietors have the right to access and use the Common Property, which cannot be restricted lightly. 
  1. 2. Compliance with the by-laws- While there is a right of access to use the Common Property, there is a converse obligation to use it in accordance with the Strata’s by-laws. It would be prudent for the proprietor to familiarise himself/herself with the by-laws that relate to the Corporation, and ensure that while using the Common Property, the by-laws are followed. 
  1. 3. Respect for other proprietors, their families, and their guests/visitors- Proprietors are expected to use the Common Property in a manner that does not infringe upon the rights of other proprietors, and to use the Common Property in such a way that is not illegal and does not create a nuisance or annoyance for other proprietors, or their families or guests. Further, no proprietor should seek to control the Common Property or any part of it, solely for himself/herself. A proprietor should also not enclose or carry out construction on the Common Property for his/her sole enjoyment, without certain permissions (which may even require unanimous approval of the Strata Corporation) being in place to do so. 
  1. 4. Maintenance of the Common Property- The Strata Corporation has the obligation to control, manage, and administer the Common Property for the benefit of all proprietors, and to keep it in good repair, and ensure the maintenance of all fixtures and fittings used in connection with the Common Property. Strata Corporations usually carry out this duty through its executive committee, which is a body of elected proprietors who manage the Corporation. The Corporation may also purchase, hire, or otherwise acquire personal property for use by the proprietors in connection with their enjoyment of the Common Property. In relation to the maintenance of the Common Property, proprietors also have obligations, which include that they should not destroy or damage any parts of the Common Property, and should properly dispose of any garbage to avoid littering the Common Property. 

These four points are the general position, and basic communal living guidelines, but the exact rights and obligations can vary based on specific by-laws, and regulations established by a particular Strata Corporation. Therefore, again, it is advisable that a proprietor familiarise himself/herself with the by-laws of his/her Strata, and seek the advice of a knowledgeable attorney where anything is unclear.