Lesson for Whale: to avoid confusion and contradictory replies, clarify first – like is there an Exclusive Use By-Law in place? In this instance, as “bigtt” said (in the topic) that there is exclusive use, my post was on the assumption that there was a By-Law in place covering that (?).
If there isn’t, then “Scotlandx” is right by stating that the Owners Corporation (O/C) is responsible for all maintenance and repairs to the area, notwithstanding any exclusive use by a Lot Owner/s.
If an Exclusive Use By-Law is in place, then it’s customary for a Clause to be incorporated that defines who is responsible for maintenance and repairs within the exclusive use area – and that’s generally the beneficiary of the exclusive use. If there’s no such Clause, then again the O/C is responsible by default.
Whatever the scenario, I stand by my assertion that a Lot Owner cannot be held responsible for maintaining areas / items that are outside the stratum of their Lot.