Who is responsible for maintaining an Exclusive Use Area (EUA)?
While the body corporate is responsible for organizing the upkeep of common property, this responsibility changes when it comes to exclusive use areas. According to section 3(1)(C) of the STSM Act, the cost for maintaining parts of the common property that are designated for exclusive use shifts to the owner benefiting from that area. This rule stands unless the scheme’s rules explicitly state otherwise.
What does an owner’s maintenance responsibility typically cover?
In most cases, when an owner has exclusive use rights, they are responsible for maintaining the common property areas from which they benefit. This often includes tasks like taking care of lawns and gardens that are part of the common property but allocated for exclusive use. The responsibility can also extend to the upkeep of exterior walls and windows that lead directly onto the EUA, such as balconies or patios.
Are there limits to what the owner is responsible for?
Yes, an owner’s maintenance duties are generally confined to areas directly linked to their exclusive use rights. They are not responsible for maintaining unrelated parts of the common property, such as perimeter or boundary walls or common property utility infrastructure that may pass through or under the exclusive use area.
What remains under the body corporate’s responsibility?
Unless otherwise stated in the exclusive use rules, the body corporate is still responsible for maintaining core aspects of the common property. This includes the roof membranes, coverings, and the building’s foundation, which must be managed and repaired by the body corporate.
Exclusive Use Area Contributions
As per section 3(1)(c) of the STSM Act, owners who benefit from an exclusive use area must contribute extra funds to the body corporate’s administrative budget. This applies whether the EUA is established under section 27 of the ST Act or sections 10(7) and 10(8) of the STSM Act.
Each year, the body corporate calculates and collects levies that cover the estimated costs for maintaining each exclusive use area. These costs typically include insurance, maintenance, and provisions for utilities like electricity and water. If the rules governing exclusive use areas specify that the owner is responsible for covering these costs directly, the body corporate may not require additional contributions.