The only access to the roof top terrace in our building is through my property. Is that still common property even though only I can use it?
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Answer by Neha Sharma, Hillsdale 2036 Sydney
- Yes. The roof top terrace remains common property even though only you have access to it.
- Such privileges are legalised through an exclusive use by-law.
- These by-laws are made under s 51 and 52 of the Strata Schemes Management Act 1996 (NSW). They can give a lot owner (or a group of lot owners) special and exclusive rights over common property.
- Exclusive use by-laws are registered on the Certificate of Title making them transferable from one owner to another (such as when you sell your property).
- Exclusive use by-laws can be made, amended or repealed by the owners’ corporation.
- This occurs with the written consent of the owner or owners of the lots concerned and in accordance with a special resolution.