Exclusive Use Of Common Property – NSW

Exclusive! Read all about it!

Do you have exclusive use over common property?

Are you sure?

In the world of strata living, property is divided into two parts – a lot, which is typically the unit you’ve bought, and common property – which most commonly, ahem, refers to the fabric of the building and all the shared areas – such as roof, common facilities, hallways etc.

But you may have access to more than just what’s inside your four walls.

Certain areas of common property can be exclusively used by some lot owners.

Most typically these might be a lawn or garden area right by your front door, a courtyard, a car park or perhaps even basement storage.

To be absolutely sure you have exclusive use to an area, you need to check the by-laws.

And the conditions for making an exclusive use by-law are more strict than other by-laws.

For a common property rights by-law to be passed, it has to have the written consent of each owner– that is, all the owners have to agree to let one owner have exclusive use over the specific and specified common property.

Naturally, you will have to vote in favour of the exclusive use by-law too.

And you will have to pay for the privilege.

You will have to pay the charges to change the by-law. And depending on the nature of the common property, you may also have to pay the Owners Corporation compensation for the exclusive use. And you have an obligation to maintain that common property in good order.

NSWRead more about Common Property Right By-Laws here.

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