Exclusive Use By-Laws

In the matter of Rinbac Pty Ltd v The Owners Corporation SP 64972 in the CTTT Member Keher makes a clear statement regarding what constitutes an Exclusive Use By-Law.

Member Keher states clearly that for an Exclusive Use By-Law in accordance with Sec 51 of the Strata Schemes Management Act the following questions must have a positive response.

• Does the by-law specify a conferred owner of a lot (or owners of several lots)?
• Does the by-law refer to a “right of exclusive use and enjoyment” or to “special privileges”?
• If the answer to each of the above is “yes”, is that “right of exclusive use and enjoyment” or “special privileges” “in respect of” either the “whole or any specified part of the common property”? The area referred to above must meet the definition of common property as contained in the Act.
• Does the by-law provide for maintenance and repair of the specified common property?

If the answer to each of the above elements is not “yes” then it does not meet the requirements of a Sec 51 by-law. Further, the provisions of Sec 52 must be complied with.