Owners and residents in community titles schemes often assume that all “private-looking” outdoor areas carry the same rights and responsibilities. Outside of areas of scheme land that are defined as common property there are three outdoor areas that are commonly seen on a scheme’s survey plan that can be attributed to individual lots. These include exclusive use areas, private yards and courtyards.

Whilst they can all “look” the same visually, but in reality, the legal distinctions between an exclusive use area, a private yard, and a courtyard can significantly affect how these spaces are used, maintained, and regulated under the Land Title Act 1980 and the Body Corporate and Community Management Act 1997 (and its regulation modules).

An exclusive use area is common property allocated for the sole use of a particular lot owner through a by-law and generally for a specific purpose outlined in the correspondence exclusive use by-law. While the occupier enjoys near-private use, the land itself remains common property. Maintenance obligations depend on the by-law: typically, the lot owner must maintain the area in good condition, including landscaping and cleanliness, while the body corporate may retain responsibility for structural elements or essential services unless the by-law clearly transfers that duty. Improvements often require body corporate approval, and the scope of permitted use is strictly governed by the by-law.

A private yard usually forms part of the lot itself as defined on the survey plan. This means it is owned outright by the lot owner, not shared as common property. As a result, maintenance obligations rest almost entirely with the owner, including landscaping, fencing (unless boundary structures are shared), and general upkeep. Because it is part of the lot, the owner typically has greater autonomy, though they must still comply with scheme by-laws and local council regulations.

“Courtyard” is a descriptive term rather than a strict legal category. A courtyard may either be part of a lot (like a private yard) or an exclusive use area, depending on how it is defined in the community management statement (CMS) and survey plan. The key is to check the documentation: if it is within the lot boundaries, the owner maintains it; if it is exclusive use common property, maintenance responsibilities follow the relevant by-law. Confusion often arises because courtyards are visually enclosed and feel private, but their legal status can differ significantly.

The critical distinction lies in ownership versus rights of use. Exclusive use areas are common property with assigned private use and shared or defined maintenance responsibilities. Private yards are owned and maintained by the lot owner. Courtyards can fall into either category, depending on scheme documentation. For owners, reviewing the CMS and applicable regulation module is essential to understanding both rights and obligations—and avoiding disputes over maintenance and improvements.

Clear knowledge of these differences helps ensure compliance, protects property value, and supports harmonious community living. The body corporate records should hold a copy of the current registered CMS and the survey plans. Owners can request copies of these documents by emailing their body corporate manager.