However, if the lot was created under a building format plan of subdivision and the by-law does not say otherwise, the owner is not responsible for: The lot owner with exclusive use or other rights must maintain and pay any operating costs for the exclusive use area-unless the by-law says otherwise. any new owner of the lot if the debt is unpaid when the lot is sold.the owner of the lot at the time of the debt.The body corporate can recover the debt from: If an owner does not make the payments this becomes a body corporate debt. The body corporate can impose conditions when giving exclusive use rights.įor example, the person who benefits from an exclusive use by-law might have to pay the body corporate a regular fee. Once the body corporate is told of the reallocation, the body corporate must lodge a new community management statement that includes the changes.Ī general meeting resolution is not necessary in this case. The owners must give details of the reallocation to the body corporate. Two or more owners can decide to swap or reallocate the areas of common property or body corporate assets identified in the exclusive use by-laws applying to their lots. the body corporate passes a resolution without dissent to record a new community management statement that changes the by-law.Once an exclusive use by law is recorded it is difficult to have it removed or changed.Īn exclusive use by-law will only end if: The by-law will only apply when the new statement is recorded. The body corporate must record the new community management statement that includes the exclusive by-law with Titles Queensland within 3 months after passing the resolution. the owner of the lot that benefits from the by-law agrees in writing or votes personally on the resolution.the body corporate passes a resolution without dissent to record a new community management statement that includes the by-law.The rules for making exclusive use by-laws are stricter than those for making other by-laws.Īn exclusive use by-law may be attached to a lot only if: The part of the common property, or asset, is usually identified in the by-law.Īn exclusive use by-law cannot give rights to utility infrastructure that is common property or a body corporate asset. It gives the occupier of that lot the right to the exclusive use (or other special rights) to a part of the common property or a body corporate asset.įor example, an exclusive use by-law may give the occupiers of a unit an exclusive right to use the common property next to that unit as a courtyard, or part of the basement as a car space.
An exclusive use by-law is attached to a lot in a body corporate.
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