Victoria is one of the most populated states in Australia, and as such, it has a lot of properties that are managed by owners' corporations. These owners' corporations are responsible for managing common property in buildings, apartments, and housing estates.
What is Common Property?
Common property refers to any area or part of a property that is shared by all owners and residents of a building or housing estate. This can include gardens, driveways, hallways, lifts, and swimming pools. Essentially, any area that is not owned or leased by an individual owner is considered common property.
Who is Responsible for Common Property?
The owners' corporation is responsible for managing and maintaining all common property in a building or housing estate. The owners' corporation is made up of all the owners of the individual units or properties within the building or estate.
The owners' corporation is responsible for making decisions about the management and maintenance of the common property. This includes things like cleaning, repairs, and upgrades. The owners' corporation is also responsible for making sure that all owners and residents comply with the rules and regulations around the use of common property.
What are the Rules around Common Property?
There are a number of rules and regulations that govern the use of common property in Victoria. These rules are designed to ensure that all owners and residents can enjoy the common property in a safe and harmonious way.
Some of the common rules around common property in Victoria include:
- No smoking in common areas
- No pets in common areas
- No loud music or noise in common areas
- No hanging washing or other items on balconies or in common areas
- No damage to common property
How are Common Property Rules Enforced?
The owners' corporation is responsible for enforcing the rules around common property. If an owner or resident is found to be in breach of the rules, they may be issued with a warning or a fine. In some cases, legal action may be taken.
It's important to note that the rules around common property are legally binding, and all owners and residents are expected to comply with them.
What Happens if I Disagree with a Common Property Decision?
If you disagree with a decision made by the owners' corporation around common property, you may be able to appeal the decision. This typically involves making a request to have the decision reviewed by an independent mediator or tribunal.
It's important to note that appealing a decision can be a lengthy and costly process, so it's always best to try and resolve any disputes through negotiation or mediation before taking legal action.
What Should I Do if I Have a Problem with Common Property?
If you have a problem with common property in your building or housing estate, you should first speak to the owners' corporation. They will be able to provide you with information on the rules and regulations around common property and may be able to help you resolve the issue.
If you're unable to resolve the issue through the owners' corporation, you may need to seek legal advice. A lawyer who specializes in property law will be able to provide you with advice on your rights and options.
Conclusion
Common property rules in Victoria are designed to ensure that all owners and residents can enjoy the shared spaces in their building or housing estate in a safe and harmonious way. If you have any questions or concerns about common property in your building or housing estate, be sure to speak to the owners' corporation or seek legal advice.
