Sectional Title - Common Propery or Exclusive Use Area

Azbubu

Azbubu

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If you have a gate leading to your courtyard, would that gate be considered part of the common property or part of the EUA? The wall to either side of the gate is considered common property afaik so shouldn't the gate be too?
 
Unless it is on the deed as an Exclusive Use Area then it is Common Property. Fortunately most people respect the gardens at complexes as De Facto EUA and don't insist on having a braia in someone elses garden.
 
abzo said:
If you have a gate leading to your courtyard, would that gate be considered part of the common property or part of the EUA? The wall to either side of the gate is considered common property afaik so shouldn't the gate be too?
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Often such items are shared 50/50, or at least by us it is. Includes things like front doors, windows, anything above your ceiling etc.
 
Who put the gate up? Was it part or your building plans? You trying to determine who has to repair it? Most like will be the BC
 
It's always been part of the property. All the ground floor complexes have the gate. The managing agent says that it's not the responsibility of the BC since it's part of the EUA.
 
abzo said:
It's always been part of the property. All the ground floor complexes have the gate. The managing agent says that it's not the responsibility of the BC since it's part of the EUA.
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If the EUA is not designated on your deed then it's Common Property and the BC responsibility.

In a property of which I was a Trustee, each unit had a garage allocated. The garages were common property.

In my Son's place, the garage has a seperate deed and levy, so is not common property.
 
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abzo said:
It's always been part of the property. All the ground floor complexes have the gate. The managing agent says that it's not the responsibility of the BC since it's part of the EUA.
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is the gate in need of repair or painting etc?

In our complex the BC pays for it.
here's a question on your EUA who pays to mow the lawn?
 
The gate is broken and needs to be fixed/ replaced.
No sure who/how it broke.
There's no lawn in the EUA, just paving so can't answer the mowing question.
 
Just to clarify something, there are three types of property in sectional title: section, exclusive use and common. Section will stipulate the boundrys of your title and it's ratio of the title scheme. This can include a garden, garage etc and depends what is marked on the schemes deeds. Common areas are anything not covered under the sectional deed. Exclusive use areas are common areas deemed by the body corporate to be used by a particular section. This does not have to be registered in the deeds office and is subject to change by the BC. It however does have to be registered in the minutes of a BC meeting and agreed to by a quorum of the BC. Exclusive use areas should, in a properly run BC, cause a increased levy to be charge to the respective unit as the access has been denied to the balance of the scheme but part of the common property rates/maintenance.
 
abzo said:
^^yes, there is a separate levy paid for the EUA (courtyard).
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If you are paying a seperate levy for it then it is your exclusive use, unless you and another unit are sharing the levy payment.
 
Kosmik said:
If you are paying a seperate levy for it then it is your exclusive use, unless you and another unit are sharing the levy payment.
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Yes it is for my exclusive use. I still don't know who is responsible for the gate though.
 
abzo said:
It's always been part of the property. All the ground floor complexes have the gate. The managing agent says that it's not the responsibility of the BC since it's part of the EUA.
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If you are paying a levy for it's use, it can be argued that it is required to be maintained.

Normally with boundry items, it can be a 50/50 thing.
 
Kosmik said:
If you are paying a levy for it's use, it can be argued that it is required to be maintained.

Normally with boundry items, it can be a 50/50 thing.
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Yep, that's the impression I was under too.
 
Kosmik said:
Just to clarify something, there are three types of property in sectional title: section, exclusive use and common. Section will stipulate the boundrys of your title and it's ratio of the title scheme. This can include a garden, garage etc and depends what is marked on the schemes deeds. Common areas are anything not covered under the sectional deed. Exclusive use areas are common areas deemed by the body corporate to be used by a particular section. This does not have to be registered in the deeds office and is subject to change by the BC. It however does have to be registered in the minutes of a BC meeting and agreed to by a quorum of the BC. Exclusive use areas should, in a properly run BC, cause a increased levy to be charge to the respective unit as the access has been denied to the balance of the scheme but part of the common property rates/maintenance.
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Exclusive use common property areas do indeed need to be registered on the sectional title plan.
 
Kosmik said:
If you are paying a levy for it's use, it can be argued that it is required to be maintained.

Normally with boundry items, it can be a 50/50 thing.
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It it falls outside the section then it's maintenance is the responsibility of the body corporate
 
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