In sectional title living, one of the most common sources of confusion—and conflict—is understanding the difference between common property and exclusive use areas. Whether you're a new owner or a long-time resident, knowing what parts of the property you own outright, what is shared, and what you have the right to use exclusively can help avoid unnecessary disputes and ensure fair use of shared resources.
At Status Mark, we often assist schemes in clarifying these distinctions, advising trustees and owners on rights, responsibilities, and best practices in managing and maintaining both.
What Is Common Property?
Common property refers to all parts of the sectional title scheme that are not included in any individual owner’s section. This typically includes:
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Exterior walls and roofs
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Driveways and parking areas
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Gardens and recreational spaces
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Staircases, lifts, passages, and corridors
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Boundary walls and security infrastructure
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Water pipes and electrical infrastructure serving more than one section
Ownership of the common property is shared among all members of the Body Corporate, who also share in the responsibility for its upkeep and associated costs. The Body Corporate—through the trustees—is tasked with ensuring this property is maintained, repaired, and insured.
What Are Exclusive Use Areas?
Exclusive use areas (EUAs) are common property that is allocated for the private use of a specific unit owner. These spaces are not part of the owner’s section as shown on the sectional plan, but the owner has exclusive rights to use them—typically under conditions set by the Body Corporate.
Examples of exclusive use areas include:
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A garden or yard designated for a ground-floor unit
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A parking bay allocated to a specific owner
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A storage room assigned to a particular flat
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A rooftop terrace or balcony with exclusive access
These areas are often clearly marked and may be reflected on the sectional plan or allocated by way of a rule registered with the Deeds Office.
Who Maintains What?
This is where confusion often arises. Although exclusive use areas are not privately owned, the owner who benefits from the space is usually responsible for its upkeep.
In most cases:
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The owner maintains the area (e.g., keeping a garden tidy or repainting a storage door).
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The Body Corporate may insure the structure, particularly if it’s a permanent fixture.
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The Body Corporate can, however, set conditions for how the area may be used, and ensure it is not altered without permission.
Some maintenance responsibilities may still fall to the Body Corporate, especially if the EUA includes structural elements (such as a balcony slab or waterproofing). In such cases, costs are shared or may be recovered via exclusive use levies.
How Are Exclusive Use Rights Granted?
There are two legal ways that exclusive use rights can be allocated:
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By registration in the sectional title plan: The EUA is shown on the plan and registered in the Deeds Office.
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By rule: The Body Corporate adopts a rule granting exclusive use to a specific owner, and it is filed and approved by the Deeds Office.
If exclusive use is allocated by rule, it must be clearly documented and formally adopted to be enforceable. Informal or verbal agreements are not legally binding.
Why It Matters
Misunderstanding the difference between exclusive use and common property can lead to:
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Disputes over maintenance obligations
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Unauthorized alterations to common property
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Frustration over levy contributions or special levies
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Difficulties during sales or transfers
By ensuring proper legal documentation and clear communication with all owners, trustees can maintain transparency and reduce confusion. Likewise, owners should familiarise themselves with their sectional plan and scheme rules to fully understand their rights and responsibilities.
How Status Mark Assists
At Status Mark, we help schemes define and manage exclusive use areas correctly—ensuring they’re allocated legally, used fairly, and maintained properly. We guide trustees through documentation processes, assist with rule amendments, and help owners understand their obligations.
Clarity on these matters not only supports smoother scheme management—it also protects your investment.
If your scheme needs assistance reviewing its exclusive use allocations or sectional plans, Status Mark is here to help.