What is a Exclusive Use Common Property?
Exclusive use common property in a condominium are areas that belong to the condo corporation (all the condo owners), but only a specific unit occupant may use them. This can include areas that are leased by the unit owner, or other areas that only the owner has access to.
Real Estate Agent Explains Exclusive Use Common Property
Each unit owner has control of their own unit and shares the majority of the common property with all the other residents at the condo. Areas that don’t belong to the occupant that they still get to use exclusively can be areas like:
- Balconies
- Parking stalls (assigned or leased)
- Patios
- Back yards (in the case of a townhouse)
- Storage units
- Driveways leading to unit owners’ garages
These areas should be defined in the condo bylaws specifically as exclusive use areas so that there is no confusion about who is allowed to use them. Also, specifics about whether a unit owner can modify these areas should be documented in the bylaws. You may not own the area but it does, in a sense, belong to you. The condominium board can lease out common areas to residents, and during the term of the lease those places are for the leaseholder’s exclusive use.
Besides general cleaning, the maintenance of common property – exclusive or not – is the responsibility of the condominium corporation.
Why Does It Matter?
If you own a condominium unit that has a storage locker in the basement, you definitely want to know if that is your exclusive use area. The same goes for your parking stall and balcony. You wouldn’t want to come home and find your neighbour parked in your spot or sitting on your patio. Most of these seem like common sense, but they still need to be written down – whether the area is exclusive or not will affect how you live and how you enjoy your condo.
As a condominium owner who has exclusive usage of the backyard, can we plant trees without informing the other 2 owners of the building property?
Hi Steve,
Exclusive use does not mean ownership, but it’s a bit of a complicated situation. You do get to plant grass and shrubs no doubt. No one would begrudge you that. If the bylaws don’t prohibit it, you can likely plant anything you like. Once a tree becomes large, it’s starting to impact other units, so I’m not sure where the line should be drawn. This is an excellent question. I would lean towards you being able to plant a tree without informing anyone if there is no specific mention of this in the bylaws. If someone doesn’t like it, bylaws would have to be changed. If you’re talking about bringing in a massive tree, this might not go so well. If you want to plant a sapling, probably everyone will gradually get used to it like we do with all trees. They sneak up on you.