Can a lot owner be excluded from using common property?
Answer
Generally no. All lot owners have a right to use common property — it is collectively owned by all owners in the scheme.
The committee cannot permanently exclude an individual owner from common property. However:
**The body corporate can:**
- Pass by-laws that regulate how common property is used (pool rules, noise restrictions, booking systems)
- Restrict access to specific areas temporarily for safety or maintenance reasons
- Exclude a person who is behaving dangerously or unlawfully
**Court orders:** In extreme cases involving serious and ongoing misconduct, a court order restricting an owner's access to certain common areas may be obtained — but this is rare and requires a judicial process. The committee cannot impose such a restriction on its own authority.
If you believe you are being unreasonably excluded from common property, contact the Commissioner's office.
This article is general information only and not legal advice.
This is general information only and does not constitute legal advice. For complex matters, consult a licensed strata lawyer.