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Exclusive use areas in a body corporate

Exclusive use areas

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Exclusive use (EU) areas are areas within a body corporate scheme allocated for the exclusive use of a particular owner or group of owners. While these areas are typically considered common property, they are allocated for the specific benefit of the individual owner or owners.

In this article, we look at examples of exclusive-use areas and the rights and responsibilities of the lot owner benefiting from them.

Example of exclusive use areas

Parking spaces: Assigned parking spots within a body corporate are often designated as exclusive-use areas giving each owner the exclusive right to use their assigned parking space. This type of exclusive use is commonly seen in unit or high-rise residential apartment complexes.

Courtyards or gardens: Certain outdoor spaces such as courtyards or garden areas may be designated as exclusive-use areas for specific units. This allows the respective owners to utilise and maintain these areas according to their preferences. This type of exclusive use allocation is commonly seen in townhouse developments.

Storage units: Storage cages/lockers or rooms within a garage may be allocated as exclusive-use areas for individual owners to store personal belongings or items. This type of exclusive use is commonly seen in unit or high-rise residential apartment complexes.

Exclusive use rights cannot be given to any utility infrastructure that is common property or a body corporate asset.

Rights and responsibilities of exclusive use areas

While owners maintain exclusive rights to utilise and enjoy these areas, they are also accountable for their maintenance, repair, and upkeep, including any operating costs, unless stated otherwise in your body corporate’s by-laws.

If the lot was created under a building format plan of subdivision and the by-law does not say otherwise, the owner is not responsible for:

  • roofing membranes that are on part of the common property to which the by-law applies and give protection for other lots or common property; and
  • maintaining in a structurally sound condition structural parts that are on the common property to which the by-law applies and were not built by or for the owner. These are:
    • foundation structures
    • roofing structures providing protection
    • essential supporting framework, including load-bearing walls.

An exclusive use by-law cannot make a lot owner responsible for the maintenance of any utility infrastructure including pipes, wiring, or equipment that is common property or a body corporate asset.

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