Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 171

171 Requirements for exclusive use by-law

(1) The common property or body corporate asset to which an exclusive use by-law for a community titles scheme applies must be—

(a) specifically identified in the by-law; or

(b) allocated—

(i) by a person (who may be the original owner or the original owner’s agent) authorised under the by-law to make the allocation (an
"authorised allocation" ); or

(ii) by 2 or more lot owners under a reallocation agreement (an
"agreed allocation" ).

(2) An exclusive use by-law that specifically identifies the common property or body corporate asset to which it applies, other than an exclusive use by-law contained in the first community management statement for the scheme—

(a) may attach to a lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement to incorporate the exclusive use by-law, or the lot owner votes personally in the resolution; and

(b) may stop applying to the lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law, or the lot owner votes personally in the resolution.

(3) If an exclusive use by-law authorises the allocation of common property or a body corporate asset for the purpose of the by-law—

(a) the by-law may attach to a lot on the basis of an authorised allocation only if the lot owner agrees in writing before the allocation of the common property or body corporate asset to which the by-law applies; and

(b) the by-law may stop applying to the lot only if the lot owner agrees in writing before—

(i) the allocation is revoked under the by-law (if the by-law provides for the revocation of an allocation); or

(ii) the passing of the resolution without dissent—

(A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or

(B) in which the lot owner voted personally.