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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?
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