Who owns shared areas after unit titling?
After unit titling, shared areas designated as common property are collectively owned by the unit owners.
For a dual occupancy with different owners, each owner has a share in the common property based on their unit entitlement. The owners corporation manages the common property on behalf of the owners.
Common property can include shared areas such as driveways, paths and other shared spaces, depending on what is shown on the registered Units Plan.
Reference: Unit Titles Act 2001 – Section 13, Common Property – https://www.legislation.act.gov.au/View/a/2001-16/current/html/2001-16.html
Short Answer
Shared areas designated as common property are collectively owned by the unit owners, with each owner's share based on their unit entitlement. The owners corporation manages the common property on their behalf.
Detailed Explanation
Where an area is designated as common property under the registered Units Plan, the owners corporation holds that common property as agent for the unit owners.
Where the units are owned by different persons, the unit owners hold the common property as tenants in common in shares proportional to their respective unit entitlements.
The owners corporation is responsible for the management of the common property in accordance with the Unit Titles (Management) Act 2011.
No minimum block size does not remove the need for planning assessment.
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