Exclusive use areas and associated plans
An exclusive use area is a part of the common property which has been designated for the exclusive use of an owner.
The by-laws will specify for what purpose and any conditions or other requirements which apply to the use. Examples of areas which are often the subject of exclusive use by-laws are car parks, courtyards, gardens, balconies or patios, and roof top areas.
Who can get exclusive use of common property?
An exclusive use by-law requires prior agreement in writing from an owner and a resolution consenting to the recording of a new Community Management Statement. This can come with conditions such as maintenance and repair requirements.
Unless the by-law specifically states otherwise, the owner who has the exclusive use area, is responsible for the maintenance and operating costs for that part of the common property.
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