Land Code (Strata) Act · 2000 Revised Edition · Part III · Preparation and Approval of Strata Plans
22. Common property
Official textFrom Attorney General's Chambers, unchanged
The common property shall be held by the proprietors of all the units as tenants in common in shares proportional to the unit entitlement in respect of their respective units, provided that nothing in this subsection shall affect the interests among themselves of the proprietors of a stratum estate in an individual unit.
common property
“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
Land Code (Strata)
land
“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
Where the same person is proprietor of all the units, subsection
proprietor
“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
shall apply as if there were different proprietors for each of the units.
The proprietors of all the units may lease part of the common property or may grant an easement over the whole or any part of it.
No lease or easement under subsection (3) shall be for a period of years in excess of the term of years of the stratum estates in the development.
Every lease or easement under subsection (3) is subject to section 23 of the Land Code (Chapter 40) which shall apply accordingly.
Terms defined in s 2
common property
Defined · s 2“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
land
Defined · s 2“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
proprietor
Defined · s 2“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
stratum estate
Defined · s 2“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;
unit
Defined · s 2“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
unit entitlement
Defined · s 2“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60; Application of Act.
Part IV
Strata Corporation
Part V
Service Charges
Part VI
Insurance
Part VII
Rules of Strata Corporation
Part VIII
Variation Plans
Part IX
Part X
Expiry of Strata Plan
Part XI