Exclusive Use of Common Property - Qld - SSKB - Strata Managers | Community Experts

Exclusive Use of Common Property – Qld


SSKB Strata Managers looks at exclusive use of common property

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 allocated for exclusive use 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 Community Management Statement, which contains by-laws regarding exclusive use, a schedule of allocations and plans to identify these areas.

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

An exclusive use by-law has to be a resolution without dissent – that is, all the owners who cast a vote at a general meeting have to agree to let one owner have exclusive use over the specific and specified area of common property.

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 Body Corporate compensation for the exclusive use.

And you have an obligation to maintain that common property in good order.

Qld – Read more about Exclusive Use By-Laws.

SSKB is Australia’s leading strata management company specialising delivering expert advice and management to Owners Corporation and Body Corporate communities.



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Recent Comments

3 Comments

Bobbie Taylor On May 5, 2019 | Reply

Our Body Corp committee has given me the OK to have a spa on our 7th floor roof top terrace on the condition that I am responsible for any damage to the waterproofing membrane and the roof top slab directly or indirectly caused by the spa.
A pad for the spa was incorporated in the building’s design and there is a report showing that the roof top terraces waterproofing membrane has been damaged but even so I did not think the Body Corp could transfer the responsibility of maintaining “the roof of the building” to an owner.

Steve On February 15, 2020 | Reply

Hi Emma

I have drainage/storm water issues. There is an Exclusive Use garden area (aprox 56m square) as part of my property. Is it the Body corporates responsibility to instal drainage controls in the Exclusive Use area? There is none installed in Exclusive Use area from the time the complex was built. There is no obvious water related drainage damage visible. But the downhill neighbour is asking the Body Corporate to pay for damage to her steel posts on her deck and house. I own thin bit of land apox 15m square of land between the Exclusive use land and the neighbours property. Again with no obvious signs of water related damage on my side. But there is a gentle slope toward her property. I do not have any drains along that neighbours fence line.

The Body Corporate claims I am solely responsible for the drainage of the Exclusive this land and there fore responsible for the cost of repairs. Is this correct?

To complicate matters A body corporate Hydrologist report show water entering the Exclusive Use area which is terraced (rock wall 1.5m) with a gentle slope down to my land then the neighbours property.

The history is that the Exclusive Use area was meant to be 2 car parks but because bolder wall placement it was deemed unsuitable for its intended use. After a 2 year period the land was given free of charge to the previous owners as Exclusive Use land.

I look forward to your reply.

Thanks Steve

    Emma Smith On February 24, 2020 | Reply

    Good afternoon Steve,

    There are many issues in play her in this matter and I have had various conclusions to similar scenarios of time. These issues include:-

    – From where has the water come from; (ie from your roof or from natural ground water flow from land higher than yours – a neighbour OR outside of the Body Corporate land)
    – Drainage or retaining walls built in your and other land owners property;
    – Flowing water vs resting water
    – Terms and conditions of the Development Approval for the complex;

    On the basis of many variables, we are not in a position to be able to offer a conclusion. However, we recommend that a starting point may be with your local Council and the Development Approval document.

    Regards

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