Fantastic and priceless information Whale! I’m reluctant to hijack this thread but I will add an anecdote.
Ten out of thirty units where I am have Exclusive Use car parking spaces granted under under dubious circumstances in 1975 with the NSW Strata Titles Act, ‘as made’ in 1973 operating. The Exclusive Users have never paid one red cent to have them, they add thousands to the real estate value of their units BUT… now the area needs refurbishing at a cost of many thousands, and guess what! They expect the Owners Corporation to pay.
Some of the Executive Committee reckon it’s the perfect opportunity for the Exclusive Users to formalise ownership in some manner similar to how you explain things could be done, but that would mean the Exclusive Users have to put their hands in their pockets. Of course they don’t even like that idea.
At the very least, the Exclusive Users should pay for the refurbishment of the area or offer to chip in, one might think.
The NSW Strata Titles Act 1973 is hard to find but it IS on-line and says an owner who benefits from an Exclusive Use car space must keep it in good order and serviceable repair, and unless excused by the by-law, is responsible for the performance of the duty of the body corporate (Owners Corporation today) in respect of the common property, or the part of the common property, to which the by-law relates.
The By-Law doesn’t excuse them from looking after it, it doesn’t say who has to look after it, so the Exclusive Users should.
There’s a storm a-brewin.
Oh… if you add up the Exclusive Users Entitlements you get just a smidgen over 25%. How about that!