What is an exclusive use by-law?
Answer
An exclusive use by-law allocates part of the common property for the exclusive use of one particular lot. Common examples include:
- A courtyard attached to a ground-floor lot
- An allocated car park space
- A storage cage or garden area
The owner with exclusive use rights is typically responsible for maintaining that area, even though it is technically common property.
Exclusive use by-laws must be recorded in the community management statement. They can only be created, changed, or removed with the consent of the lot owner who holds the exclusive use rights — usually requiring a resolution without dissent, meaning no lot owner can vote against.
This is one of the most restrictive resolution types in body corporate law, reflecting the significance of altering private use rights over shared property.
This article is general information only and not legal advice.
This is general information only and does not constitute legal advice. For complex matters, consult a licensed strata lawyer.