I need to know the precise definition of common property in relation
to strata titled developments in Western Australia. In particular I
need to know whether, in such a development on two levels where a
suspended concrete slab forms the ceiling of the lower level and the
floor of units on the upper level the slab itself is common property.
More precisely even than that I need to know whether when a portion of
my lot to which I have title stands on such a suspended slab, a
protective or decorative coating which has been applied to the slab
two years after original construction is common property or my
personal property.

I need this information because in my strata development the suspended
concrete slab cracked. The builder subsequently applied a protective
coating to it but did so ineffectively and in a manner contrary to the
specification of consulting engineers. Consequently the protective
coating failed.

I want to make a complaint to the Building Disputes Tribunal of WA
requesting an order to compel the builder to reinstate the coating
according to the correct specifications. To do this I need to be sure
that I have the standing to make such a complaint; if the protective
coating is my property this should not be a problem. However, if the
protective coating is common property, it may be that only the Strata
Company for our development, as a corporate body, has the legal
standing to make the complaint.

Hi Bucko,

Take a look at the www.propertyinvesting.com forum. I'm sure someone
there will lead you to the correct answer.

Strata and Unit titles differ, as do laws from state to state. Would
the Strata Company have a list of Body Corporate Articles? The
Articles might define common area vs adjoining areas not accessible by
the common.

I would like to think that your common ceiling/floor is the same as a
common fence or wall. This should lead to it being a body corporate
function. Else, you could argue that your neighbours cracked floor
presents a safety issue for you.  :)  Let us know how you get on. 
Regards.