Reading a Plan of Subdivision and Why Common Property Is Never Simple
Plans of subdivision…who is drafting these damn things!? Why no conformity?
Nearly every day I read a plan of subdivision, mostly from Victorian owners corporations, sometimes others.
I know how to read these esoteric documents, hell - I need to know who owns what and to the minutiae of detail.
You will see me scan a POS for the exterior or interior face, thick continuous lines, hashing, reference to pipes and shaft and other descriptions to discern just where common property (CP) begins and lot owner property starts.
I feel like some miopic super sleuth searching for an answer in a 1976 plan.
Sometimes it is easy, sometimes harder…my client watching me like I am reading a foreign language before studying the plan like it is impervious, the number of sheets and cross sections. Before I then pontificate - “that balustrade there - you don’t own it!”
Or some other thing…usually where water emanated from.
After all, I am a building lawyer focused on insurance and who has seen more apartment water act cases than I like to remember. Probably more claims in apartments than the insurers have probably paid out on…
Don’t take offence insurers - I am joking - a little bit.
I must know where ownership changes so I study the POS…I must work this out! But why folks does it need to be so incredibly difficult?
I get the application of the Subdivision Act, Davies and plenty of other cases, heck I worked as General Counsel of strata broker Honan, we saw thousands of schemes across our desks….
But SOMEBODY please tell me this…let me in on the secret…
What the heck is driving the lack of conformity in this area? And who the hell chooses how these POS are drafted and designed somewhat different every time, these things that are deciding so much but appear to have artistic scope - who is intructing these!?
And if I hear another person say ‘nah mate’ the leaking window frames they are common property.
Why?
I say: “Just because they are part of the building?” They say: “Yep the building is CP - that’s how it is” Well that is how people expect it will be…but it never really is that easy - trust me! I say: “Nice try, read the POS - if you dare!”
BUT really, somebody tell me who’s driving these things?
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