Hi,

I'm not sure whether our exclusive use areas are registered or not. I have seen the areas demarcated on surveyors plans, and they have section numbers.

I was checking our PQ numbers, and it seems that our PQs are made up of:
1) the owned unit floor areas and,
2) the owned garage floor areas. (i.e. they equal 100).

The exclusive use areas do not form part of the PQ. Surely if they are registered, they should from part of the PQ?

Is this correct?

If not, how do I go about correcting it?

thanks
Steven

Hi Steven

If the areas are demarcated in the sectional plans as exclusive use areas, then they are registered exclusive use areas.

The PQ is only based on the size of the unit, and not on the exclusive use areas.

So it is correct that your PQ's do not include the exclusive use areas.

Regards

Grant O'Donnell
Stonewood Properties

Hi Grant,

Thanks for the information.

From your reply, I gather that an E.U.A. should not increase your PQ for voting or Levy?

My question now is this: If the E.U.A.'s are registered on the sectional plan to a specific unit, surely it should increase the PQ as that unit is now occupying more of the common property? Or are E.U.A.'s simply common property when it comes to PQ's?

My Unit has an E.U.A. and I was told that it increases the value of the unit and the levy? Is this correct.

Thanks again.

Hi Steven

Yes, the EUA does not increase the floor area of the unit, and therefore cannot increase the PQ.

It is possible for registered EUA's to charge a levy (separate from the normal levy based on the PQ's) for the repairs and maintenance, and the rates, taxes, insurance etc. of the EUA.

An EUA is described as a portion of land, carved out of the common property for the exclusive use of a particular owner. So it is common property that an owner, and only that owner may use.

There are separate rules for the maintenance and repairs of the EUA's. As levies are calculated on the PQ's, which is based on the floor area of a section, and not the value, the EUA's are excluded from the normal levies.

If the EUA is registered the holder of the EUA is responsible for the repairs and maintenance of the EUA. The holder is also responsible for the portion of rates, taxes, insurance etc for the EUA.

If the EUA is rule created then the body corporate is responsible for the repairs and maintenance of the EUA, and the body corporate is responsible for the rates, taxes, insurance etc on the EUA.

Regards

Grant O'Donnell
Stonewood Properties

Thanks for clearing that up.

Last question:
In our case, where certain units have garages, do the garages form part of the 'unit area'?

thanks
Steven

Hi Steven

If the garages are part of the section as shown on the sectional plan, then the garage will form part of the floor area and the PQ. This is your situation, from what I can gather.

If the garages are EUA's then they will not form part of the floor area of the section and not part of the PQ. This is not your situation.

Garages and carports are usually either part of the section, or EUA's.

Regards

Grant O'Donnell
Stonewood Properties