In modern Kenyan real estate, "communal living" doesn't mean you have to share everything. The Sectional Properties Act 2020 introduces a vital concept: Exclusive Use Areas (EUAs). These are parts of the common property (like a specific parking bay or a garden) that are reserved for the sole use of one unit owner.
Understanding how these are governed is the difference between a peaceful home and a legal dispute with your neighbors.
1. What Qualifies as an Exclusive Use Area?
While you have a title deed for your unit, you don't technically "own" an EUA in the same way. Instead, you have a right of exclusive use over a portion of the common property. Common examples include:
- Designated Parking Bays: Often a major source of conflict.
- Private Gardens or Patios: Usually for ground-floor units.
- Balconies and Rooftop Terraces.
- Storage Rooms.
2. Legal Foundation and By-Laws
The right to an EUA is established in two ways:
- The Sectional Plan: Clearly marked during the registration of the development.
- The By-Laws: Under Section 29 of the Act, the Management Corporation creates the specific rules for these areas. These by-laws are the "contract" that protects your right to that specific parking spot.
3. Rights vs. Obligations
Having an exclusive area isn't a "free pass." Owners shoulder specific duties:
- Maintenance: In many developments, the owner is responsible for the upkeep (cleaning, minor repairs) of their EUA, even though it is technically part of the common property.
- No Alterations: You cannot build a shed on your "exclusive" garden or wall off your parking bay without a unanimous resolution from the Corporation and county government approval.
4. Financial and Management Realities
- Additional Levies: Corporations often charge an extra fee for EUAs to cover the shared cost of maintaining the building's overall structure.
- Right of Entry: The Corporation retains the right to enter your EUA for emergency repairs or inspections (e.g., if a pipe under your "private" garden bursts).
5. Resolving Disputes
If a neighbor parks in your exclusive slot, engaging the police will not be the first point of redress. The Sectional Properties Act 2020 mandates an Internal Dispute Resolution Committee. This committee uses the registered by-laws to settle "encroachment" issues quickly and legally.
Conclusion
Exclusive Use Areas offer the best of both worlds: the security of a community and the privacy of a stand-alone home. For developers and owners in Kenya, clearly defining these areas in the by-laws is the most effective way to protect property value and maintain peace.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific inquiries, consult a qualified legal professional.
