Strata Titles Act (plan number less than 20,000)
Roofs are common property under Section 5 of the Act as they are not within a unit. Section 25 explains the Corporations responsibility to maintain the roof.
Section 5: Boundaries
(5) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan:
(c) where a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof.
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
What does this mean?
All roofs above units are common property under the Section 5 of the Strata Titles Act – see Boundaries
The Courts have ruled that the repair of roofs is not a ‘benefit’ for the unit(s). The respective owners cannot be exclusively levied for the work using Section 27(6) of the Act.
Community Titles Act
Strata Division (one lot above another)
Roofs are common property under Section 28 of the Act as they are not within a unit. Section 75 explains the Corporations responsibility to maintain the roof.
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
(c) in the case of a strata plan—those parts of the building that are not part of a lot
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?
The roofs on community titled Strata Divisions (1 lot above another) are treated the same as a Strata Titled group. The corporation owns the roofs and is responsible for their maintenance under Section 75.
For regular lot by lot Community Corporations each lot owner has ownership of buildings within their lot, this includes their respective roofs.