After months of inactivity, the exclusive use areas come to life! The patio furniture comes out, the barbeque pit is rekindled and the flowerpots are once again awash with color.

The intended use of these exclusive use and privacy areas is to enjoy them! However it is important that each unit owner familiarize themselves with the “do’s and don’ts” with respect to their permitted use and care.

Each corporation’s by-laws will regulate how these areas are to be controlled, used and maintained. In most cases, restrictions do apply with respect to the use and enjoyment of these areas. It is therefore important to remember that residents and guests alike are bound by the by-laws.

In one instance, this governance speaks to the expected behavior of residents and their guests, such that their behavior does not unreasonably interfere with the use and enjoyment of the other residents.

For example, some expected regulations might include:
    •    Keeping music and conversation to an acceptable volume, so as not to disturb neighbors
    •    Zero tolerance for activities that will create a nuisance of any kind nor be offensive to other residents
    •    No actions that could increase risk for the corporation with respect to the insurance premium.

The by-laws further speak to the restrictions placed on unit owners and residents to modify, in any way, their exclusive use area without the prior written consent of the corporation and in some cases, not at all.

These might include but are not limited to:
    •    Attaching an awning
    •    Building a deck
    •    Installing a concrete pad
    •    Planting a tree or altering the landscaping
    •    Installing a storage shed
    •    Setting our birdfeeders and squirrel feeders
    •    Installing a satellite dish or surveillance camera

Items such as patio furniture, BBQ’s and planters are typically allowed for, however, unit residents should consult their by-laws to identify how these areas can be furnished. Many items are often excluded from being placed in the exclusive use areas such as:
    •    Sporting and recreational equipment
    •    Bicycles
    •    Tents
    •    Boats
    •    Trailers
    •    Personal Items
    •    Laundry
    •    Garbage Bags
    •    Boxes
    •    Building Materials
    •    Indoor Furniture

In many cases, the Corporation may delegate its responsibility to care for and maintain the privacy area to the unit owner. Such items that would require regular maintenance could include:
    •    Cleaning of balcony surfaces
    •    Lawn and garden maintenance
    •    Maintenance of proper grading in the yard
    •    Snow removal

The key to enjoying your privacy area is to remember to consult with your corporation’s by-laws for an understanding of what “is” and “is not” permitted BEFORE you make any plans, changes or additions to your privacy area.

Unit owners should be aware that this prudent forethought can help unpleasant situations from arising. Keep in mind that the Board is charged with upholding the by-laws, and as such, can on occasion find themselves in the unpleasant situation of requiring a unit owner to remove an unauthorized or non-permissible change or addition. The requirement can go further by requiring that the unit owner return the area to its original state, solely at the unit owners cost. This action can often times be costly and cause hard feelings.

By all means enjoy your privacy and/or exclusive use area, however consult your by-laws first and then proceed to enjoy!