How do we go about getting the original building plans for the complex and would these plans indicate if this area would be communal or private? – Sally, VIC

Q: We have a ground-floor unit that fronts the communal pool. The width of the space (not fenced) is approx 1 metre to 1.5 metres away from the pool fence. The area of 1.5 metres is covered by the upstairs outdoor patio. Would we have the right to close this space off for privacy? This space would be similar to our patio but on the ground floor. There is side access to the pool which would allow residents access to the pool without walking. How do we go about getting the original building plans for the complex and would these plans indicate if this area would be communal or private?

A: It may be best to start with your building rules. There may be information here about the boundaries of your lot. Alternatively, you may be able to request a copy of the plan of subdivision from your committee, or owners corporation manager if you have access to one.

To close the space off from a certain section of common property for your own private use, you may be able to pass a building rule that grants you exclusive use rights of the space. Contact your owners corporation committee’s secretary to have the matter voted on at your next meeting by way of special resolution. If the special resolution is passed, you will be able to move on to drafting and registering a building rule that changes that area into a part of your lot.

If you need help with exclusive use building rules, consider our owners corporation law experts, Kemps Petersons Legal.