@Costa said:
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.
Given what the Act said, your logic seems perfect. The unit owners who got the benefit of exclusive use of an area of common property should be responsible for any costs associated with its maintenance. That is certainly how we did it, explicitly in the resolution, to grant exclusive use of common property parking spaces to those owner who did not have parking within their unit areas. The common property remains common property but the conditions of the grants of exclusive use mean the OC can charge back to the benefitting owners any reasonable costs associated with maintenance (eg. repainting the carports).