Exclusive use and common property rights by-laws

When a lot owner is to have exclusive use of, or special privileges over, part of the common property — a courtyard, garage, storage area, garden or rooftop — the arrangement is made by a common property rights by-law under Sections 141 to 144 of the Strata Schemes Management Act 2015.

What these by-laws must get right

• The area — described precisely, usually by reference to a plan or sketch annexed to the by-law, so the boundaries of the right are never in doubt.
• The consent — the by-law cannot be made without the written consent of the owner of each lot concerned; our package includes the instrument of consent.
• Maintenance — the by-law must provide who maintains the relevant common property. Getting this wrong is the single most common source of later disputes.
• Conditions — payment (if any), permitted use, insurance, and what happens on sale of the lot.

Typical matters

Courtyard and garden areas attached to ground-floor lots; car spaces and garages, including swapping allocated garages between lots; storage rooms and cages; rooftop terraces; awnings and structures on common property; and combined works-plus-exclusive-use by-laws where an owner builds on the area they will use.