Exclusive use areas are part of the common property of the Body Corporate granted to a specific lot under the by-laws. Depending on how your Body Corporate’s by-laws are drafted responsibility for maintenance and improvements may fall on the lot owners who has the right to enjoy the exclusive use area.
In most Body Corporates the day to day operating costs and maintenance is the responsibility of the lot owner who has the benefit of enjoy the exclusive use area. This includes maintenance of foundational structures and maintenance of any buildings on the exclusive use area.
In case that your complex in registered as a Building Units Plan, some basic maintenance works are the responsibility of the Body Corporate. To find out whether or not your complex is registered as a BUP you may need to contact your Body Corporate Committee or Body Corporate Manager to receive a copy of the Community Management Statement for your complex.
The responsibility and right to make improvements will largely depend on how the Body Corporate by-laws have been drafted. By-laws may authorise the lot owner to make any or only specific improvements to the exclusive use area. If the by-laws are silent on any authorisation to make improvements, the lot owner must always get prior approval to any renovations that are not basic maintenance such as gardening or hedge trimming.
Depending on the value of the improvement, the lot owner may need to seek approval from the whole of the Body Corporate.
For more information regarding general things to consider when making any type of renovations please read our blog post on the topic of noisy renovations.
Disclaimer: This article is intended as general information only and should not be relied upon as legal advice. For specific legal advice please contact us here.