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Thanks for the feedback. There is no by-law referring to exclusive usage. The Strata Plan, registered 9th August 1990, makes the following reference:
“…. the courtyards, patios, terraces and decks, where no hardstand exists. are limited in depth to 1 metre below the upper surface of the floor of the respective lots and are limited in height to the underside of the horizontal eaves on the first floor of the respective lots except where covered.”
Not sure what all this means in relation to the decks in question which form part of the lots and are only accessible through the private entry areas of the lots by those residents (or their visitors). If the OC is to be responsible for maintenance, there is no incentive for the owners to take reasonable care of that part of their property.
Any thoughts please
Kenny R
