Strata Titles (WA): resolving common property disputes in strata living

One advantage of strata living can be the access to facilities on common property, which one might not have in freehold ownership of stand-alone houses. Such as gyms, swimming pools, or large games rooms.

However, disputes relating to common property can take the gloss off that advantage, if not well resolved.

In seeking to resolve such disputes or problems, it is best to start with things like the by-laws, the strata plan, minutes of general meetings and other objective facts. It is important to be clear on these before getting into a dispute or debate, which can be distorted by subjective views over whose responsibility it is when it involves common property.

Let’s examine one objective thing in the world of strata law – the strata plan.

Why the strata plan?

A strata lot is essentially a cubic space owned by operation of the Strata Titles Act 1985 (as amended). It is defined by the boundaries drawn on the strata plan and that can lead to clarity on what one owns.

By law, a lot owner owns this cubic space that is bounded by:[1]

• the inner surface of the walls.
• the upper surface of the floor; and
• the underside of the ceiling.

Physically, this means owning things like:

• the internal walls between rooms (but not structural ones);
• the paint on the walls;
• the carpets on the floor;
• the light fittings on the ceilings;
• fixtures such as fireplaces, bedroom doors, bathrooms and toilets etc; and
• for survey strata, any external yard or courtyard shown to be part of the lot on the strata plan, even if physically separate from the above.

Conversely, what is not part of the strata lot is common property, namely:

• any part of the building or land outside the defined cubic space of the strata lot (this is usually what is the most obvious aspect of common property);
• the walls themselves (but not the inner surfaces of them);
• the upper surface of the ceilings (but not the underside) and any structures above them, e.g. the roof, tiles and gutters;
• the foundations and other structures under the floor of any individual lot;
• external walls, external doors and windows of any individual lot; and
• all land not within any particular lot, such as driveways and gardens (unless expressly shown on the strata plan as being part of a particular lot).

[1] Strata Titles Act 1985 (WA) s 3(2)(a).

Check the facts before trying to solve the problem you face over common property

Examine the strata plan

The first step to finding out what is common property and what is not, is to examine the strata plan registered at Landgate for the strata scheme.

Note though, that some strata plans can be difficult to read and understand because they can be complicated by things like:

• technical terminology;
• omissions and irregularities (which may have slipped past the original consultants, as well as Landgate); and
• changes to lot numbers following subdivisions of one or more of the lots since the commencement of the original strata plan.

If doubt arises, it may be a good idea to get input from an adviser in interpreting the strata plan.

Clarifying the issues

The strata plan can make clear what is private and what is common property.  Such clarity can potentially remove at least one source of disagreement as to who has the legal right or obligation.

For example, imagine a survey strata scheme built on a steep slope, so as to take in the views of the ocean. The higher strata lot owners would not want the lower strata lot owners to build an additional storey that would obstruct their views. Hopefully, the developer took that into account. If so, the strata plan should show the maximum heights of each lot. Their effect would be to incorporate height restrictions that would prevent view-hampering renovations.

A platform for problem solving

Good advisers will always have you check the facts before trying to solve the problem you face. That is as true of strata as it is of other areas of life.

With strata, one key source of facts and clarity is the strata plan. It is a starting point for all parties in the strata scheme to understand their rights and obligations. From there, they can move to the next phase of resolving the dispute, which will include interpreting the by-laws.

Contact

For assistance with strata issues speak to:

Anthony Quahe

Managing Principal

Tel: 9200 4900

Disclaimer: This article contains references to and general summaries of the relevant law and does not constitute legal advice. The law may change and circumstances may differ from reader to reader. Therefore, you should seek legal advice for your specific circumstances. The law referred to in this publication is understood by Civic Legal as of publication date.

Article first published in The WA Strata Magazine September 2025

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