(1) The common
property in a strata titles scheme is —
(a) that
part of the parcel of land subdivided by the strata titles scheme that does
not form part of a lot in the strata titles scheme; and
(b)
temporary common property.
(2) The common
property includes, for a strata scheme, those parts of a scheme building that
do not form part of a lot.
(3) The common
property does not include —
(a) any
land vested in the Crown under the Planning and Development Act 2005
section 152; or
(b) any
dedicated road under the Planning and Development Act 2005 section 168.
(4) If a strata plan
identifies an encroachment outside the parcel that is to be controlled and
managed as common property, the encroachment is to be regarded, for this Act,
as if it were common property.
[Section 10 inserted: No. 30 of 2018 s. 83.]