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  • #52140

    I’m in NSW. Our unit complex has a rear pathway leading to the exit to council parkland. The path runs right down the middle of a common property strip but at the exit gate takes a sharp turn across about two meters of the corner of my rear courtyard. I would like the OC to straighten the path so as not to digress across my courtyard. Its only labour cost;  the paving can be re-laid and the wooden stairs can be moved across about two meters. Is there any strata law reason as to why the OC should not move the pathway? I am renovating the garden of my rear courtyard and I want this corner back. Thanks for sharing your knowledge of this one.

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  • #52167

    This is sort of what I thought myself and was hoping to get a degree of confirmation. Yes, this courtyard is certainly on the strata plan (SP) as my own lot property and as my courtyard (CY). The EC are being tardy in  taking action, so I will give them a deadline. I could also start removing the pavers, and I think that will also provide them with more than a hint. I wish to thank you both (and any subsequentors) for responding with your advice.


    There is no specific strata law pertaining to your situation.

    But by the concept of recipricocity, an owner is not allowed to impinge on common property. Therefore the OC can’t impinge on lot owner property. (In your case I am assuming that the courtyard you speak about is actually on your title).

    In addition any person crossing your courtyard is deemed to be trespassing, if you have expressed that you do not want people to cross.

    That then makes the path superfluous and the OC could be deemed to be abetting the trespass.

    Have a word with the SM and the committee and point out the above. If they don’t agree then a stern letter from a lawyer may get them into action.

    BTW if the path is on your property you are completely within your rights to do with it what you want. Unless a by law exists in relation to the path, anything on your property is yours and you are free to do with it as you please.


    Sir Humphrey

    If it is your unit area as shown on the strata plan, then no, there is no reason why the area should be treated as common property. There are mechanisms to grant exclusive use of parts of the common property to individual unit owners but I am unaware of the converse. In principle, I guess, a unit owner could lease a part of their unit area to the owners corporation but I have never heard of that happening.

    I would think you could renovate your garden including this corner and the owners corporation would have no recourse if its path was blocked. However, I suggest you don’t just go ahead without discussion.

    I’d suggest writing to the OC giving generous notice of your plans to use this area so they can re-route the path.

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