@SAM said:
Are there any circumstances when permission can be given by Executive Committees or Strata Managers for any part of Common Property to be used exclusively by an Owner or Occupier? Eg sections of Garden or Visitors’ car space.
Basically, yes. You need a by-law (which has to be approved by 75 percent of those voting at a General Meeting) and the by-law has to state who has ongoing responsibility for the care of the common property. There should also be a consideration for payment of compensation to the owners corp on the basis of how much this adds to the value of the property minus the cost of creating the new garden or, in the case of a parking space, the legal fees. The cost of writing the by-law should be borne by the person who is benefitting from the exclusive use, although they can subtract that from the compensation they are paying the owners corp.
If the person benefitting from the exclusive use declines any of these elements: the by-law, the ongoing responsibility, the legal costs or the compensation, they should be told to take a hike. This should happen at zero cost to the owners corp with some compensation for the effective loss of common property, regardless of whether or not they use it in its present state.