Maintenance: Lighting
Strata Titles Act (plan number less than 20,000)
Lighting that is not for the exclusive use of a unit owner is common property under the Section 5 of the Strata Titles Act. Section 25 explains the Corporations responsibility to maintain the hot water service.
Section 5 (6) The common property comprises:
(b) any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;
(c) any structure that is not for the exclusive use of a unit installed before the deposit of the strata plan;
(d) any structure installed by a strata corporation as part of the common property;
(e) any other structure on the site committed to the care of a strata corporation as part of the common property.
Section 25. The functions of the strata corporation are as follows:
(a) to administer and maintain the common property for the benefit of the unit holders and, to such extent as may be appropriate, other members of the strata community; and
(b) to administer all other property of the corporation
What does this mean?
Lighting that is not for the exclusive use of a unit owner is common property under the Section 5 of the Strata Titles Act – see Boundaries
Community Titles Act
Lighting that is not for the exclusive use of a unit owner is common property under the Section 28 of the Community Titles Act. Section 75 explains the Corporations responsibility to maintain the common property.
Section 28—Common property
(1) The common property created by a community plan comprises:
(a) those parts of the community parcel that do not comprise or form part of a lot; and
(b) the service infrastructure (except for any part of the service infrastructure that is vested in a Minister of the Crown or other authority or person and the parts of the service infrastructure that provide a service to only one lot); and
(c) in the case of a strata plan—those parts of the building that are not part of a lot; and
Section 75—Functions and powers of corporations
(1) The functions of a corporation are
(a) to administer, manage and control the common property for the benefit of the owners of the community lots; and
(b) to maintain the common property and the property of the corporation in good order and condition
What does this mean?
Lighting that is not for the exclusive use of a unit owner is common property and the Community Corporation’s to maintain – see Boundaries