Exclusive-use ar­eas: your rights

Weekend Argus (Saturday Edition) - - PERSONAL FINANCE -

An exclusive-use area is a part of the com­mon prop­erty that may be al­lo­cated to you – for ex­am­ple, a gar­den, bal­cony or park­ing bay.

Al­though you may be granted the exclusive use and oc­cu­pa­tion of a par­tic­u­lar area, it does not be­long to you. If you are al­lo­cated an ex­clu­siveuse area, you will have to pay for its main­te­nance, and your levy to the body cor­po­rate will be higher than that of own­ers who do not have sim­i­lar rights.

There are two ways to grant exclusive-use rights:

In terms of an al­lo­ca­tion dealt with in the body cor­po­rate’s rules; or

In the form of a no­tar­ial deed of ces­sion reg­is­tered in your name at the Deeds Of­fice.

If your exclusive-use rights are not reg­is­tered by way of ces­sion at the Deeds Of­fice, you should find out if th­ese rights are per­ma­nent or tem­po­rary. For ex­am­ple, if the scheme does not have a park­ing bay for each unit, the park­ing bays may be al­lo­cated to dif­fer­ent units at the body cor­po­rate’s dis­cre­tion. You may not have the right to “sell” your rights to a park­ing bay without per­mis­sion from the body cor­po­rate.

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