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From time to time an owner may need, or like, to be given a special privilege over, or an exclusive use right of, some of the common property. For instance, this may happen when an owner uses an area of land outside a lot for a private courtyard. More often than not, the developer sets up the grant of the exclusive use at the time the construction is undertaken.

For this to be a valid entitlement, the right or privilege must be granted to the lot owner by way of an exclusive use by-law set out in the community management statement for the community titles scheme. This by-law must be accompanied by an appropriate plan.

If you, as an owner wish to be granted a new exclusive-use of some part of the common property, then you must submit a motion for a general meeting of the body corporate, proposing a new community management statement. A resolution without dissent must pass this motion. Your solicitor must prepare the community management statement. The community management statement should alter the by-laws by adding a new exclusive use.

 

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