Exclusive Use Bylaws and Licenses for Common Property

An exclusive use by-law is made in respect of common property that is not attached to or not forming part of an owner’s lot. It is where a specific lot owner is granted a right of exclusive use to part of common property to the exclusion of all other owners in the scheme. All other owners will be prohibited from using this specific area of common property identified in the by-law. Some common examples of where exclusive use is granted are storage spaces, car parking, common property courtyards, garden areas and attic spaces.

There are also other ways to formalise the exclusive use of common property including – obtaining a license, lease or transfer of title. A license of common property is commonly used to obtain permission to exclusively use an area of common property for a specific period of time and for a specific purpose.

An exclusive use by-law and license of common property can be created which will include all relevant and common conditions including indemnity for the owners corporation and responsibility to repair and maintain the area of exclusive use and any works undertaken by an owner. The lot owner will be responsible for the cost of the by-law or license as it for the sole benefit of their lot.

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