Sectional title schemes often include parking bays, gardens, balconies, and storerooms that feel like part of an owner's personal space, but legally belong to something else entirely. These are known as exclusive use areas, and understanding them is essential for both current and prospective owners.
This blog explains what exclusive use areas are, the different types that exist, the rules that govern them, and how professional property managers can help administer them.
What Are Exclusive Use Areas?
An exclusive use area, or EUA, is a portion of common property that only one specific owner, or a defined group of owners, is entitled to use.
Common examples include allocated parking bays, private gardens, balconies, and storerooms. While these spaces may feel like a natural extension of an owner's unit, they legally remain part of the scheme's common property. Ownership stays with the body corporate collectively, even though one owner holds the right to use the area exclusively.
This distinction matters, particularly when it comes to alterations, maintenance, and what happens when a unit is sold.
The Different Types of Exclusive Use Areas
Not all exclusive use areas are created the same way, and the type held determines an owner's rights significantly.
Real Right EUAs
These are formally registered on the scheme's sectional title plan and noted on the owner's title deed at the Deeds Office. Because they're registered, they carry monetary value and can be sold, though only to another owner within the same scheme.
Personal Right EUAs
These are created through the body corporate's management or conduct rules rather than being registered on the sectional plan. When a unit with a personal right EUA is sold, the right to use the area transfers automatically to the new owner, with no separate registration process.
Because personal right EUAs aren't registered, they hold no independent monetary value and can't be sold separately from the unit.
Knowing which type applies to a particular space matters, especially for buyers who want to understand exactly what they're purchasing.
Rules and Responsibilities Surrounding Exclusive Use Areas
Holding exclusive use rights comes with specific responsibilities and limitations.
Maintenance and upkeep: Owners with exclusive use rights are generally expected to keep the area clean and well maintained. Where maintenance affects the broader scheme, such as garden upkeep or balcony painting aligned with scheme-wide schedules, the body corporate may coordinate this and recover the costs from the relevant owner.
Alterations require permission: Because EUAs remain common property, owners can't make significant changes without approval. Installing a pool in an exclusive-use garden or enclosing a balcony requires written permission from trustees, and more significant changes may need a vote of all owners.
EUAs carry their own levy: Many schemes charge a separate levy for use of an EUA, in addition to standard contributions, to help cover maintenance costs.
They don't count toward participation quota: Unlike a section, exclusive use areas don't have a participation quota value and aren't used to calculate voting rights or quorums.
Non-compliance can be addressed formally: Where an owner fails to maintain their EUA, the body corporate can step in, address the issue, and recover the costs. Ongoing disputes can be referred to the Community Schemes Ombud Service (CSOS).
Why This Matters for Buyers and Owners
Understanding exclusive use areas is especially important for anyone buying into a sectional title scheme. A garage, garden, or storeroom that appears to be part of a unit may, in fact, only be an EUA, which can affect both the purchase price and future levy obligations.
Buyers should always check the sectional title plan and management rules to confirm exactly what is included in a unit. This is particularly important with registered real right EUAs, which need to be properly reflected in the offer to purchase and formally transferred during conveyancing.
How Professional Property Managers Can Assist
Administering exclusive use areas correctly requires a solid understanding of scheme documentation and sectional title legislation, which is where professional property managers add value.
Property managers can assist by:
- Helping trustees identify and document all EUAs within a scheme
- Advising on the correct process for alteration requests and approvals
- Assisting with levy calculations relating to exclusive use areas
- Coordinating scheme-wide maintenance that affects EUAs
- Supporting communication between owners and trustees where disputes arise
As with all matters relating to scheme governance, property managers are there to advise and guide the process. The final decisions on approvals, rule amendments, and how exclusive use areas are managed always rest with the owners and the governing body of the scheme.
Conclusion
Exclusive use areas offer valuable benefits, from private gardens to dedicated parking, but they come with distinct rules that differ from full ownership. Understanding whether an EUA is a real or personal right, what maintenance obligations apply, and what approvals are needed for changes helps owners avoid unnecessary disputes and protects the value of their investment.
With the support of an experienced property manager, bodies corporate can administer exclusive use areas fairly and consistently, helping schemes run smoothly for all owners.
FAQs
What are my rights as a sectional title owner?
You have the right to occupy and use your unit, participate and vote at general meetings, access scheme financial records, and expect the body corporate to properly maintain common property, along with the peaceful enjoyment of your unit.
What are exclusive use areas?
Exclusive use areas are portions of a scheme's common property set aside for the exclusive use of one specific owner or defined group of owners, such as a parking bay, garden, or storeroom, while ownership remains with the body corporate.
What does "exclusive use" mean?
It means only the designated owner has the right to use that space, to the exclusion of other residents. It does not mean the owner has full ownership of the area.
What's the difference between full title and sectional title?
With full title, an owner owns the entire property, including the land, outright and independently. With sectional title, an owner owns their individual section but shares ownership of the common property with other owners, subject to the scheme's rules and body corporate governance.
