Community Titles Act 2018

Exclusive use by‑laws of a community titles scheme are scheme by‑laws that confer exclusive use and enjoyment of, or special privileges over, the common property in the community titles scheme or specified common property in the community titles scheme (the special common property) on the occupiers, for the time being, of the following (the special lots) —

a specified lot or lots in the community scheme;

all lots in a specified community titles scheme belonging to the community scheme.

Exclusive use by‑laws may include the following —

terms and conditions on which the occupiers of special lots may use the special common property;

particulars relating to access to the special common property and the provision and keeping of any key necessary;

particulars of the hours during which the special common property may be used;

provisions relating to the condition, maintenance, repair, renewal or replacement of the special common property;

provisions relating to insurance of the special common property to be maintained by the owners of special lots or, if the special lots are all lots in a community titles scheme, the community corporation for the community titles scheme;

matters relating to the determination of amounts payable to the community corporation by the owners of the special lots or, if the special lots are all lots in a community titles scheme, the community corporation for the community titles scheme, and the imposition and collection of the amounts;

provision for the expiry of the by‑laws.

Exclusive use by‑laws may displace obligations that would otherwise fall on the community corporation under its function of managing and controlling the special common property.

An amount payable by a person to a community corporation under exclusive use by‑laws must be paid (together with interest on any outstanding amount) and may be recovered by the community corporation, as if —

the special lots were lots in the community titles scheme (in a case where that is not so); and

the amount payable were an unpaid contribution levied on the person as a member of the community corporation.

Exclusive use by‑laws can only be made or amended if the owner of each lot that is or is proposed to be a special lot or, if the special lots are or are proposed to be all of the lots in a community titles scheme, the community corporation for the community titles scheme has given written consent to the by‑laws (although they may be repealed without such consent).