Whether carpet forms part of the common property or lot property has been one of the greatest strata disputes since the beginning of time.

So – is carpet in a lot common property or lot property, and who is responsible?

The answer: as with most things, the answer is ‘it depends’. In the recent case of The Owners – Strata Plan 99960 v SPS Building Contractors Pty Ltd the Tribunal stated that it depends on when the carpet was installed.

If the carpet was installed after the Strata Plan was registered, it is lot property and the lot owner would be responsible and liable for the costs associated with its replacement.

However, if the carpet was installed before the Strata Plan was registered, it is common property and the Owners Corporation would be responsible for the costs.

If the carpet is common property, the owners can pass on the obligation to lot owners. One way this can be done is through passing a section 106(3) resolution and adopting the common property rights memorandum as part of its by-laws. This would make carpet and floating floorboards the responsibility of the lot owner.

If your scheme is unsure on who is responsible for carpets, contact us today and we can provide you with the necessary motions to formalise the common property memorandum.