Granting Exclusive Use of a Common Area

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  • 05/02/2011 at 12:04 pm #7226 Reply | Quote
    Anonymous

      I am an owner of a unit in a small 6 unit apartment block which is self managed. All of the units have their own balconies, except for the ground floor unit. Instead there is a patio area outside it with access from double opening doors. Whilst this patio is directly outside the unit and then flows onto the lawn and garden, the patio area itself is not on the title of the unit and is therefore common area. The Owners Corporation is currently considering granting an exclusive use bylaw  to the owner of the unit as we currently have the Standard Bylaws. My first question is: What are the correct procedures for this to be implemented and what are the pitfalls for the Owners Corporation?

      In looking at this matter I have become aware that there does not seem to be any specific bylaw in place  to prevent any occupant of the unit in question from assuming use of this common area by leaving all manner of possessions on the patio. How could we control this  common area patio as a vacant space if the Owners Corp so chose and if the exclusive use does not proceed? Confused

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    Reply To: Reply #12426 in Granting Exclusive Use of a Common Area
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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