94Exclusive use by-laws

### 94 Exclusive use by-laws > > (1)  [*\[Section 94 Subsection (1) amended by No. 33 of 2006, s. 30, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-033#GS30@EN) [*\[Section 94 Subsection (1) amended by No. 10 of 2000, s. 34, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS34@Hpa@EN) The body corporate may, by ordinary resolution, make, amend or rescind a by-law giving the owner of the lot exclusive rights to the use and enjoyment of, or other special rights in relation to, the common property or part of the common property. > > > (2)  An exclusive use by-law must – > > > > > > (a) specifically identify or define the part of the common property to which the by-law applies; or > > > > > > > (b) set apart a particular part of the common property for allocation to the owners of lots by a person (who may be the original proprietor or the original proprietor's agent) authorised to make the allocation or provide for another method of allocation to the owners of lots. > > > (3)  An exclusive use by-law may give rights to the owner of a lot only if the owner agrees in writing before – > > > > > > (a) the by-law is made; or > > > > > > > (b) the allocation to the owner of the part of the common property to which the rights relate. > > > (4)  If the owner to whom the rights are given in the first instance agrees in writing, an exclusive use by-law may impose conditions (which may include conditions requiring the owner to make a payment or periodic payments to the body corporate or the owners of other lots or both). > > > (5)  An exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance, to make the owner of the lot responsible for maintenance of the part of the common property over which the rights are conferred by the by-law. > > > (6)  An exclusive use by-law may authorise the owner who has the benefit of the by-law to make specific improvements to the part of the common property to which the by-law applies (which may consist or include the installation of particular fixtures or the making of particular changes to the relevant part of the common property) and in the absence of a specific provision to that effect the by-law is not to be taken to authorise the owner to make improvements or changes to the common property. > > > (7)  If an exclusive use by-law imposes a monetary liability – > > > > > > (a) the liability may be recovered as a debt; and > > > > > > > (b) the liability is enforceable jointly and severally against the person who was the owner of the lot when the liability arose and a successor in title. > > > (8)  An exclusive use by-law – > > > > > > (a) lapses 5 years after it was made unless confirmed within the previous period of 5 years by ordinary resolution of the body corporate; and > > > > > > > (b) if not confirmed by ordinary resolution of the body corporate within the previous period of 5 years, lapses on the expiration of 5 years from its last confirmation. > > > (9)  [*\[Section 94 Subsection (9) inserted by No. 10 of 2000, s. 34, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS34@Hpb@EN) [Subsection (8)](#GS94@Gs8@EN) does not apply to an exclusive use by-law that is expressed to be of permanent effect.