WHO OWNS THE COMMON PROPERTY?
The common property is owned jointly by all the owners of units within the scheme. Collectively, these owners are known as the Body Corporate. The common property is controlled by the body corporate. There are no exceptions to this rule. The practical implication of this is that even though parts of the common property are
exclusive use areas, these areas are still controlled by the body corporate and are therefore subject to the rules of the scheme. These rules might prohibit "braaing" in an exclusive use garden or balcony, restrict the type of fence or wall erected around a garden, or prevent the installation of a pool or spa bath without the consent of the trustees or the other members of body corporate.