The pages behind this answer, jurisdiction by jurisdiction:
- Queensland’s role of the body corporate
- NSW Fair Trading on strata repairs and maintenance
- Consumer Affairs Victoria on common property
- Landgate’s Strata in WA
- the Law Handbook’s buying into a community title
- SA.GOV.AU on strata titles
- ACT Planning’s Unit titles
- the Strata Titles Act 1998 in Tasmania
What counts as common property
Common property is the negative of a lot: any part of a parcel that is not comprised in a lot (New South Wales), or property jointly owned by all the owners and not contained within any lot (Western Australia).
Victoria’s pages list what it may include: gardens, passages, walls, pathways, driveways, stairs, lifts, foyers and fences. New South Wales gives driveways, gardens, roofs, pipes, cables and external walls as examples.
Who is responsible for it
New South Wales’s Act says an owners corporation must properly maintain and keep the common property in a state of good and serviceable repair.
- Western Australia: the strata company’s responsibilities include managing the common property, the scheme’s financial management, enforcing by-laws and obtaining insurance for the scheme.
- Victoria: the owners corporation must manage and administer the common property.
- For a cleaning contract in practice, Queensland’s pages say the manager is not responsible for maintenance of the common property, but may organise the work if the committee asks them to.
What an owner looks after inside a lot
Inside the lot is the owner’s: Queensland says a lot owner is responsible for the maintenance of most things inside the boundary of their lot, and New South Wales says owners repair and maintain anything within their own property.
Which side of that line a balcony, a window or a courtyard falls on has its own question: Where does my lot end and the common property begin?
Seven jurisdictions, side by side
How far a lot reaches is worded differently. In New South Wales it is the inner surface of the wall, or the boundaries the floor plan describes.
In South Australia it is the inside face of the walls, floors and ceilings, unless the strata plan says otherwise.
In the ACT a Class B unit, such as a townhouse, has a boundary defined by a surveyed line around the land.
| Jurisdiction | Who is responsible |
|---|---|
| QLD | The body corporate administers the common property and the body corporate assets for the benefit of all of the owners. |
| NSW | The owners corporation or strata committee must repair and maintain the common property. |
| VIC | The owners corporation must, among other things, manage, administer, repair and maintain the common property. |
| WA | The strata company’s responsibilities include managing the common property and the financial management of the scheme. |
| SA | The body corporate includes all owners, maintains the common property and enforces the rules. |
| ACT | The owners corporation, made up of the unit owners, manages finances and administration relating to the common property and the building. |
| TAS | The body corporate holds the common property in trust for the owners of the lots. |
What your own scheme decides
A scheme’s own plan and by-laws decide the rest: New South Wales says different schemes have different areas classified as common property, and you can check your strata plan and by-laws.
In New South Wales a scheme can choose to adopt the common property memorandum if its by-laws do not define common property.
An owner can check the records: Queensland says a body corporate must keep certain records and let some people see and copy them.
The ACT’s Unit Titles (Management) Act says that, on a written request from an eligible person with the fee the owners corporation fixes, records must be made available for inspection within 14 days; where a dispute exists, documents covered by legal professional privilege in relation to it may be withheld.
Where the rest of the question is answered
Who the cleaner is engaged by, and on what terms, is its own question: Who hires the strata cleaner, and on what terms? So is the share each lot pays: Who pays for cleaning the common areas?