Unit Title Schemes Act 2009

(1) An

exclusive use by-law is a by-law that directly or indirectly allocates to a specified unit special rights in relation to specified common property or body corporate assets, other than utility infrastructure.

Example for subsection (1)

The allocation decision is made by the body corporate of a subsidiary scheme.

(2) An exclusive use by-law may provide for the further allocation of special rights that have been allocated to a unit that is the scheme land of a subsidiary scheme.

Example for subsection (2)

An exclusive use by-law of a layered scheme allocates the use of car parks to a unit that is the scheme land of a subsidiary scheme. The body corporate of the subsidiary scheme may make an exclusive use by-law allocating specific car parks to units of the subsidiary scheme.

(3) Subject to subsection (4), an amendment to an exclusive use by‑law must be made by unanimous resolution.

(4) If the amendment concerns special rights allocated to a unit when the unit owner or unit occupier was the body corporate manager, a service contractor or a letting agent, the amendment may be made by:

(a) ordinary resolution with the consent of the unit owner; or

(b) order of the Tribunal under section 98.

(5) Despite subsection (4), during the original owner control period, an exclusive use by-law that is included in the first scheme statement must not be amended or its effect varied.

(6) To avoid doubt, sections 95A to 95D apply to the amendment of an exclusive use by-law.

(7) If the amendment is certified by the schemes supervisor, the body corporate must lodge the amendment with the Register-General within

20 working days after the certification.

(8) A body corporate commits an offence if it contravenes subsection (7).

Maximum penalty: 100 penalty units.

(9) An offence against subsection (8) is an offence of strict liability.

(10) The management module may provide for the exercise of the special rights under the allocation.

Example for subsection (10)

The management module may provide for the obligations of a person exercising the rights.