What is the responsibility of the owner who has exclusive use of a common area in a strata property? – John, NSW

What is the responsibility of the owner who has exclusive use of the area and that of the strata? if defect to structure due to poor maintenance who is responsible for repair of structure? We are in State of NSW. It is a residential strata of 4 apartments only. The exclusive use is the balcony of that apartment which is used exclusively reserved for that apartment, no other people can get to it or use it. It is still an common property . We , other owners have maintained our exclusive balconies. This owner has not, and the defect we think is due to lack of maintenance. It is definitely not structural but the managing agent still think it is the strata responsibility. Should we have our by-laws changed?

– John, NSW

In your case, we would advise that you go through your by-laws to find out what they outline for common property maintenance with exclusive use to owners. It may also help to get the defect examined to find out what may have caused it and how it may affect the overall value of the property.

If your by-laws aren’t clear enough about who maintains it and takes care of costs, you may wish to have them amended in your next AGM through special resolution vote. You may find more information here. Here is an article on by-laws that may help you.