"Exclusive licence" to use portion of common property

Discussion in 'Legal Issues' started by FHB_nightmare, 26th Nov, 2019.

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  1. FHB_nightmare

    FHB_nightmare New Member

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    Hi all,

    A strata-titled property I'm interest in has two courtyards, neither of which are on the title.

    Instead, there is a special rule in the OC rules which says the following:

    The Registered Proprietor of Lots X, Y and Z from time to time shall have an exclusive licence to use all that portion of the common property being the courtyard area or areas, as the case may be, abutting their Lot.

    The special rules also contain a marked-up plan to show said areas.

    What I want to know is how solid is that, and how easy it would be for the OC to take that away should they so please?

    Any thoughts would be appreciated!
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I would be assuming that the courtyards are not there.
     
    Ted Varrick likes this.
  3. Lindsay_W

    Lindsay_W Well-Known Member

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    What state is the property in?
    In QLD, "Exclusive Use" is used in certain situations and is fairly hard to remove as the lot owner has to agree to it.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Parking spaces/garages are also under exclusive use in many cases, very rarely do these get withdrawn without a vote at the AGM.
     
  5. FHB_nightmare

    FHB_nightmare New Member

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    The property is in Victoria. Am I right that there should be record of a special resolution to grant the licence and that there should be something more substantive which details some of the finer points of the licence?
     
  6. Lindsay_W

    Lindsay_W Well-Known Member

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    Yes, but may have been in place since the day it was built
    Probably best to ask the OC for more detail in this case
     
  7. Marg4000

    Marg4000 Well-Known Member

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    It’s the “from time to time” but I would clarify. Sounds as if you can have the occasional BBQ there, but is not fully exclusive use at all times, which is what you really want.

    At other times, can other residents party there?
     
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  8. Thomacino

    Thomacino Well-Known Member

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    It is 'exclusive use rights' if you own the applicable properties which benefit from the exclusive use rights, it is yours and only yours to enjoy.
    Getting rid of exclusive use rights is done by voting yourself out of using it, as Lindsay_W quoted.

    The exclusive use rights started to avoid increasing the unit entitlement which in the past was based on area of ownership within a complex.
     
    Lindsay_W likes this.

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