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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14775
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Two questions I live in a unit apartment complex. Q1

Customer Question

Two questions
I live in a unit apartment complex.
Q1 My understanding is that the units themselves (including decks) are not common property - Common property is all other land and structures that are there for the use of all owners - correct ?
Q2 Use of common property. My understanding that Section 73 permits reasonable use of (grass) common property in front of my unit and that I could put a small dog pen there as long as it does not encroach upon the view of immediate neighbours (and access) - correct?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
The key to sorting what is common property and what is your own property is descibed on your title. You may not have a copy to hand however. This will show the individual units and their accessory units and any common property. But the units themselves are individual and the decks likely to be also. Some body corporates have rules about pets so you may need to check that with the body corporate secretary. You are correct about reasonable use of the property, and many would agree that a dog pen was reasonable use, but others may not, because this would mean the pen was there permanantly, and some may not agree. The safest course would be to get consent first

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