NSW Q&A: Who is Responsible for Exclusive Elevators?

Question: Who is responsible for a home lift totally located within the airspace of a strata unit, not accessible to any other unit owner and used exclusively by the owners/occupants of the residential unit?

Is it the Owners Corporation or the Unit Owners?

Answer: It is difficult to determine with any precision whether the subject lift is lot or common property (or a combination of both) without:

• A copy of the strata plan
• Any notations on the strata plan
• Knowing whether the lift was installed at the time of registration of the strata plan
• A copy of the by-laws applicable to the scheme

Further, it would be unusual (subject to all of the above) for a lift not to have any impact on the common property eg as the lift passes through what is typically the common property slab (ie the lift shaft).

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.