What are Common Property Rights By-laws?

A Common Property Rights By-law is one which confers on the owner or owners of a specified lot or lots in the strata scheme:

  • a right of exclusive use and enjoyment of the whole or any specified part of the common property; or
  • special privileges in respect of the whole or any specified part of the common property; or

that changes such a by-law: section 142 of the Strata Schemes Management Act 2015.

The Owners Corporation may in accordance with a special resolution change the by-laws for a strata scheme: section 141 of the of the Strata Schemes Management Act 2015.

The Owners Corporation may make a Common Property Right’s By-law ONLY with the written consent of each owner on whom the by-law confers rights or special privileges: section 143(1) of the Strata Schemes Management Act 2015. This clarifies the legal position and means Young’s case no longer applies.

The Common Property Rights By-law must provide that the Owners Corporation will be liable to maintain and repair the common property or that owner will do so: section 144(1) of the Strata Schemes Management Act 2015.

If you require any assistance drafting a Common Property Rights By-law, please feel free to contact us at michael.pobi@pobilawyers.com   

Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.

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