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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

1 Comment

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.

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