By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Forcing an owner to give up common property garden

Member’s question:

Hi Paddocks Team

One of the complexes we manage have a problem in that their refuse area is way to small for the complex.

The trustees are considering increasing the area but then they need to take a portion of the enclosed garden of one of the units.

All the units have enclosed gardens but it is not registered as exclusive use. What would the procedure be if the trustees want to use a portion of this units garden to increase the size of the refuse area?

Anton’s answer:


Increasing the size of the refuse area would be a, probably, reasonably necessary improvement to the common property, and the trustees would have to follow the process detailed in prescribed management rule 29(2).

However, even though the enclosed gardens are not subject to exclusive use rights, taking a part of one of them to add to the refuse area is almost certainly going to be vehemently opposed by the owner concerned.

You should help these trustees find another solution to the refuse problem.



Insurance excess

Member’s question:

Good day

Please advise we had a roof leak in a complex with resulting damage. Now the Managing Agent is charging the excess to the unit with resulting damage.

Who would be responsible for the excess on resulting damage if there was a roof leak.

Thank you

Anton’s answer:


Prescribed management rule 23(2)(b) says owners must pay the excess for a claim for damage to property that they are responsible to maintain and repair – that means their section.

However, as the damage is the result of a failure of common property, which is the body corporate’s responsibility, that owner would have a civil claim against the body corporate for the excess he or she paid.



Article reference: Paddocks Press: Volume 12, Issue 05, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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