STRATA TITLES ACT 1985 - SECT 43

STRATA TITLES ACT 1985 - SECT 43

43 .         Exclusive use by-laws

        (1)         Exclusive use by-laws of a strata titles scheme are scheme by-laws that confer exclusive use and enjoyment of, or special privileges over, the common property in the strata titles scheme or specified common property in the strata titles scheme (the special common property ) on the occupiers, for the time being, of a specified lot or lots in the strata titles scheme (the special lots ).

        (2)         Exclusive use by-laws may include the following —

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

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

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

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

            (e)         provisions relating to insurance of the special common property to be maintained by the owners of special lots;

            (f)         matters relating to the determination of amounts payable to the strata company by the owners of special lots and the imposition and collection of the amounts.

        (3)         Subject to the terms of exclusive use by-laws, the obligations that would, apart from this subsection, fall on the strata company under section 91(1)(c) in relation to the special common property fall instead on the owners of the special lots.

        (4)         An amount payable by a person to a strata company under exclusive use by-laws must be paid (together with interest on any outstanding amount) and may be recovered by the strata company, as if the amount payable were an unpaid contribution levied on the person as a member of the strata company.

        (5)         Exclusive use by-laws can only be made, amended or repealed if the owner of each lot that is or is proposed to be a special lot has given written consent to the by-laws.

        [Section 43 inserted: No. 30 of 2018 s. 83.]