Community Title Act 2001

The body corporate may, by unanimous resolution, make a by-law (an exclusive use by-law) giving the owner of a lot exclusive rights to the use and enjoyment of, or other special rights over, the common property or part of the common property.

An exclusive use by-law must—

clearly identify or define the part of the common property to which the by-law applies; or

set aside a clearly identified part of the common property for allocation to the owners of lots by a person (who may be the original proprietor or the original proprietor’s agent) authorised to make the allocation or provide for another method of allocation to the owners of lots.

An exclusive use by-law may give rights to the owner of a lot only if the owner agrees in writing before—

the by-law is made; or

the allocation to the owner of the part of the common property to which the rights relate.

If the owner to whom the rights are given first agrees in writing, an exclusive use by-law may impose conditions (which may include conditions requiring the owner to make a payment or periodic payments to the body corporate or the owners of other lots or both).

An exclusive use by-law is taken, unless it specifically provides otherwise, to make the owner of the lot responsible for maintenance of the part of the common property over which the rights are given by the by-law.

An exclusive use by-law may allow the owner who has the benefit of the by-law to make particular improvements to the part of the common property to which the by-law applies (which may consist of or include the installation of particular fixtures or the making of particular changes to that part of the common property) but, if the by-law does not give that permission, it is not to be taken to allow the owner to make improvements to the common property.

If an exclusive use by-law imposes a monetary liability—

the liability may be recovered as a debt; and

the liability is enforceable separately and collectively against the person who was the owner of the lot when the liability arose and a successor in title.

An exclusive use by-law may be revoked by an ordinary resolution.