What is an Exclusive Use Area?

Do you have a courtyard or car park area associated with your unit? If your building is structured as a building format plan (boundaries are the centre of the walls of the buildings) and was built within the last 15 years, chances are the area is common property allocated to your unit as exclusive use.

Exclusive use area allocations are listed within Schedule E of the Community Management Statement (CMS) registered with the Department of Natural Resources and Mines (DNRM). A by-law will also be listed in the CMS referring to the schedule and may also list rules regulating maintenance responsibilities. The schedule of allocations may also list the type of uses such as parking and or storage associated with each area. The allocation schedule will also refer to plan references registered with the CMS outlining the location and boundaries of the exclusive use area allocated from common property.

Exclusive use by-laws and associated allocation schedules may be changed to amend existing area boundaries, uses and maintenance responsibilities or to allocate a new exclusive use area. Approval for these types of changes require a resolution without dissent meaning that all votes submitted must approve the proposal to proceed with registration of the changes to a new CMS.

Two or more owners can decide to swap their exclusive use areas by a written agreement. As soon as practical a new CMS can be approved by the Committee to be registered with DNRM recording the changes.

If you would like to review an exclusive use allocation, please consider the following:

1. Check the CMS to identify the by-law governing use and or maintenance responsibilities
2. Review the exclusive use allocation schedule and associated plan identifying the location and area boundaries
3. Review the types of use permitted within the area which are also listed within the exclusive use allocation schedule when they apply
4. If an improvement is proposed to be made within the exclusive use area boundary, it is treated as common property which means appropriate approval will need to be sought from the body corporate
5. If your CMS does not identify exclusive use areas or the area you are reviewing, the area is more than likely attached to the title of your unit and will need to be treated differently than the rules applying to common property and exclusive use allocations that may also exist

This article was contributed by Frank Griesau. Frank has been in the Strata Management Industry since 2010. In 2014 Frank moved into the position of Townsville Branch Manager where he successfully oversees the day to day running of the office and management of the varied Townsville portfolio.