Published: 26 May 2026
In a sectional title scheme, the management and control of common property is governed by the Sectional Titles Schemes Management Act (STSMA) and the scheme’s rules. Understanding the respective roles of the Body Corporate, Trustees, and owners is essential when dealing with maintenance, improvements, alterations, and the overall administration of the scheme.
What is Common Property?
Common property refers to all parts of a sectional title scheme that do not form part of an individual owner’s section.
Portions of the common property may also be allocated to owners as exclusive use areas.
Who Manages the Common Property?
Although owners collectively own the common property, it is administered and managed by the Body Corporate for the benefit of all owners within the limits of the STSMA, the scheme rules and any directions given by owners at a general meeting.
This means Trustees do not have unlimited authority. Their powers are derived from legislation and owner mandates.
Functions of the Body Corporate
The Body Corporate has several important responsibilities relating to common property, including:
Maintenance and Repairs
The Body Corporate must:
- Maintain the common property and keep it in a good state of repair
- Maintain machinery, fixtures, fittings, and equipment connected to the common property
- Ensure all systems remain serviceable and functional
This includes items such as:
- Electric fencing
- Security gates
- Water pumps
- Lighting
- Intercom systems
- Lifts and access systems
Legal Compliance
The Body Corporate must:
- Comply with notices issued by local authorities
- Ensure the scheme complies with laws relating to buildings and common property
- Attend to repairs or upgrades required by competent authorities
Management and Administration
The Body Corporate is also responsible for:
- Controlling and administering the common property
- Managing the common property for the benefit of all owners
- Establishing and maintaining gardens and recreational facilities
- Purchasing equipment necessary for the management of the scheme
Examples include:
- Lawnmowers
- Security patrol bicycles or similar equipment
- Garden equipment
- Communal furniture or recreational facilities
Can the Body Corporate Improve or Alter Common Property?
Yes — but the type of improvement determines the approval required.
Prescribed Management Rule 29 (PMR29) distinguishes between:
- Reasonably necessary improvements
- Not reasonably necessary (luxurious) improvements
The challenge is that the legislation does not clearly define these categories, which means Trustees and owners must apply practical and financial considerations.
What is a Reasonably Necessary Improvement?
A reasonably necessary improvement is generally one that:
- Enhances safety
- Improves functionality
- Reduces long-term maintenance costs
- Protects the scheme
- Benefits owners practically rather than aesthetically
Examples may include:
- Installing or upgrading security systems
- Replacing wooden windows with more durable materials
- Constructing additional parking where needed
- Installing prepaid utility meters
These improvements usually require a special resolution.
What is a Luxurious Improvement?
A luxurious or “not reasonably necessary” improvement is generally one that:
- Primarily enhances aesthetics
- Is not essential to the functioning of the scheme
- Creates unnecessary expenditure
- May be considered excessive for the nature of the scheme
Examples could include:
- Tennis courts
- Squash courts
- Decorative upgrades with no practical benefit
- Major aesthetic redesigns
These improvements require a unanimous resolution of the Body Corporate.
How Do Trustees Decide?
The legislation provides limited guidance, so Trustees should consider:
- The necessity of the improvement
- The financial impact on owners
- Whether the improvement is practical or excessive
- The nature and standard of the scheme
- Whether the improvement will reduce future costs or generate savings
For example:
- A basic security upgrade may be considered necessary
- An expensive high-tech system in a lower-cost scheme may be viewed as luxurious
Similarly:
- Replacing cheap flooring with durable tiles may be a sound investment
- Purely cosmetic redesigns may be regarded as luxurious
Procedure for Reasonably Necessary Improvements
Before proceeding with a reasonably necessary improvement, Trustees must notify all owners in writing at least 30 days before implementation.
The notice must include:
- The nature of the proposed improvement
- Estimated costs
- How the costs will be funded
- Details of any special levy or loan
- Motivation for the project
- The effect on levies
What Happens if an Owner Objects?
If any owner submits a written objection, the Trustees must:
- Convene a Special General Meeting (SGM)
- Allow owners to debate the proposal
- Obtain a special resolution before proceeding
Owners may:
- Approve
- Amend
- Reject the proposal
Procedure for Luxurious or Not so Reasonably Necessary Improvements
Quorum Requirements
For a unanimous resolution to be considered at a meeting:
- At least 80% of all members, calculated in both number and participation quota value, must be present in person or represented by proxy.
Voting Requirements
- All members present or represented at the meeting must vote in favour of the resolution
- No member present or represented may vote against the resolution.
Written Unanimous Resolution
A unanimous resolution may also be passed without holding a meeting if all members of the Body Corporate provide their written consent by signing the resolution.
Metering Exceptions
The legislation specifically allows:
- The installation of separate water, electricity, or gas meters by ordinary resolution.
- The installation of prepaid water or electricity meters by special resolution.
In the case of prepaid meters, owners must receive at least 60 days’ written notice containing:
- The costs of the installation
- The estimated effect on the cost of the services over the following three years
Importantly, the metering system may not infringe on occupiers’ rights of access to basic services or the rights of tenants.
Common Mistakes Trustees Make
One of the biggest risks in sectional title schemes is Trustees allowing alterations to common property without understanding the legal implications.
Examples include:
- Enclosing balconies or patios
- Extending entrance areas
- Installing Wendy houses
- Erecting carports
In many cases, these changes may exceed Trustee authority and could expose the Body Corporate or Trustees to disputes or legal challenges.
Even where patios or balconies form part of a section, Trustees must carefully evaluate:
- The intended use
- The visual impact on the scheme
- Municipal building regulations and bulk restrictions
The Appearance Rule (Conduct Rule 5)
Conduct Rule 5 allows Trustees to approve minor exterior changes to sections or exclusive use areas, provided they:
- Are minor in nature
- Do not negatively affect the appearance of the scheme
The purpose of the rule is to preserve harmony and aesthetic consistency within the development.
Common Violations Include:
- Unapproved awnings
- Different gate styles
- Shade cloth in non-approved colours
- Satellite dishes
- Replacing windows with sliding doors
- Changing garage door styles
Although these changes may appear minor to owners, they can significantly affect the overall appearance and value of the scheme.
Final Thoughts
The management of common property is one of the most important functions of a Body Corporate. Trustees must balance:
- Legal compliance
- Financial responsibility
- Owner expectations
- Long-term sustainability of the scheme
While Trustees are empowered to manage the scheme, they cannot act outside the authority granted by legislation and owner resolutions.
For owners and Trustees alike, understanding the distinction between maintenance, improvements, and alterations is essential before approving or undertaking changes that may affect common property or the external appearance of the scheme.
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