Piazza v Strata Corporation 10147 Inc

Piazza v Strata Corporation 10147 Inc concerned a dispute between a lot owner, Mr Piazza, and the strata corporation of his building. Mr Piazza sought a declaration that certain areas of the strata scheme, which he had been using exclusively for a period of time, constituted common property and that the strata corporation had unlawfully purported to grant him exclusive use of these areas. The matter came before the Supreme Court of South Australia.

The central legal issues before the Court were whether the areas in question were properly classified as common property under the relevant strata title legislation, and if so, whether the strata corporation had the power to grant exclusive use rights over them in the manner it had. The Court was required to interpret the provisions of the *Strata Titles Act 1988* (SA) concerning the definition of common property and the powers of strata corporations in relation to the management and control of the strata scheme, including the effect of bylaws.

The Court reasoned that the definition of common property in the *Strata Titles Act* was clear and encompassed all parts of the land comprised in the strata scheme other than the lots themselves. It found that the areas Mr Piazza had been using exclusively were not designated as part of his lot and therefore fell within the definition of common property. The Court further held that while strata corporations have powers to make bylaws, including those that may grant exclusive use of common property, such bylaws must be consistent with the Act. In this instance, the Court determined that the strata corporation's actions, which purported to grant exclusive use without a properly enacted bylaw or other lawful mechanism, were invalid.

Consequently, the Court made declarations that the areas were common property and that the strata corporation's purported grant of exclusive use was of no force or effect.