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Exclusive Use By Law Process
Summary
In Western Australia, exclusive use of common property in a strata plan is granted through a by-law, requiring unanimous approval at a general meeting. The by-law must specify the lot owners granted exclusive use and their maintenance responsibilities. Objections can be raised on reasonable grounds like access issues or unfair maintenance, but not on personal dislikes or vague concerns. The by-law must comply with the Strata Titles Act 1985 (WA) and be registered with Landgate. For objections, gather evidence, present clear arguments, and consider mediation or legal advice if needed.Full Conversation
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To create an exclusive use by-law in a strata plan in Western Australia, follow these steps:
*. Draft the By-law: Use the example wording provided earlier.
*. Consult with Owners: Discuss the proposal with other lot owners.
*. Obtain Approval: Achieve a resolution without dissent at a general meeting.
*. Lodge with Landgate: Submit the approved by-law to Landgate for registration.
Would you like more information on how to conduct the general meeting or the registration process with Landgate?
*. Draft the By-law: Use the example wording provided earlier.
*. Consult with Owners: Discuss the proposal with other lot owners.
*. Obtain Approval: Achieve a resolution without dissent at a general meeting.
*. Lodge with Landgate: Submit the approved by-law to Landgate for registration.
Would you like more information on how to conduct the general meeting or the registration process with Landgate?
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To conduct the general meeting and register the by-law with Landgate:
*. General Meeting:
- Notify all lot owners of the meeting.
- Provide a copy of the proposed by-law.
- Achieve a resolution without dissent (*% agreement).
*. Registration with Landgate:
- Complete a Form * (Application to Register a Strata By-law).
- Submit Form *, the original by-law, and the meeting minutes to Landgate.
- Pay the required fee.
Would you like more details on preparing the Form * or the submission process?
*. General Meeting:
- Notify all lot owners of the meeting.
- Provide a copy of the proposed by-law.
- Achieve a resolution without dissent (*% agreement).
*. Registration with Landgate:
- Complete a Form * (Application to Register a Strata By-law).
- Submit Form *, the original by-law, and the meeting minutes to Landgate.
- Pay the required fee.
Would you like more details on preparing the Form * or the submission process?
can only a few owners be granted exclusive use of a common property or must it be all owners
Not all owners need to be granted exclusive use of common property. Exclusive use can be granted to specific owners as outlined in the by-law, provided it is approved by a resolution without dissent at a general meeting.
Would you like more information on the criteria for granting exclusive use or how to ensure compliance with the Strata Titles Act?
Would you like more information on the criteria for granting exclusive use or how to ensure compliance with the Strata Titles Act?
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To ensure compliance with the Strata Titles Act when granting exclusive use of common property, follow these guidelines:
- Criteria for Granting Exclusive Use:
- Ensure the by-law specifies which lot owners are granted exclusive use.
- Obtain *% agreement from all lot owners at a general meeting.
- Ensure the by-law is fair and does not disadvantage other lot owners.
Would you like more details on drafting the by-law or the approval process?
- Criteria for Granting Exclusive Use:
- Ensure the by-law specifies which lot owners are granted exclusive use.
- Obtain *% agreement from all lot owners at a general meeting.
- Ensure the by-law is fair and does not disadvantage other lot owners.
Would you like more details on drafting the by-law or the approval process?
yes
To draft the by-law and ensure it meets approval:
- Drafting the By-law:
- Clearly specify the common property area and the lot owners granted exclusive use.
- Mention maintenance responsibilities.
- Ensure the by-law complies with the Strata Titles Act * (WA).
- Approval Process:
- Notify all lot owners of the proposed by-law and the general meeting.
- Obtain unanimous agreement at the meeting.
- Register the by-law with Landgate.
Would you like more assistance with drafting the specific details or the registration process?
- Drafting the By-law:
- Clearly specify the common property area and the lot owners granted exclusive use.
- Mention maintenance responsibilities.
- Ensure the by-law complies with the Strata Titles Act * (WA).
- Approval Process:
- Notify all lot owners of the proposed by-law and the general meeting.
- Obtain unanimous agreement at the meeting.
- Register the by-law with Landgate.
Would you like more assistance with drafting the specific details or the registration process?
what is considered reasonable grounds for objecting to an exclusive use by law
Reasonable grounds for objecting to an exclusive use by-law in Western Australia might include:
- Adverse impact on access or use of common property for other owners.
- Unfair allocation of maintenance responsibilities.
- Detrimental effect on the value or enjoyment of other lots.
- Non-compliance with the Strata Titles Act * (WA).
Would you like more details on how to raise an objection or the process involved?
- Adverse impact on access or use of common property for other owners.
- Unfair allocation of maintenance responsibilities.
- Detrimental effect on the value or enjoyment of other lots.
- Non-compliance with the Strata Titles Act * (WA).
Would you like more details on how to raise an objection or the process involved?
yes
To raise an objection to an exclusive use by-law:
- Notify the Strata Company: Inform them in writing of your objections.
- State Grounds: Clearly outline your reasons (e.g., access issues, unfair maintenance).
- Attend General Meeting: Voice your concerns and ensure they are recorded.
- Seek Mediation: If unresolved, consider mediation through a dispute resolution service.
Would you like details on specific dispute resolution services available?
- Notify the Strata Company: Inform them in writing of your objections.
- State Grounds: Clearly outline your reasons (e.g., access issues, unfair maintenance).
- Attend General Meeting: Voice your concerns and ensure they are recorded.
- Seek Mediation: If unresolved, consider mediation through a dispute resolution service.
Would you like details on specific dispute resolution services available?
what would be considered unreasonable grounds for objection of exclusive use by law
Unreasonable grounds for objecting to an exclusive use by-law in Western Australia might include:
- Personal dislike for the owner requesting exclusive use.
- General opposition to change without specific reasons.
- Unsubstantiated claims of potential issues.
- Vague concerns without evidence or details.
Would you like more information on how to effectively support your objections?
- Personal dislike for the owner requesting exclusive use.
- General opposition to change without specific reasons.
- Unsubstantiated claims of potential issues.
- Vague concerns without evidence or details.
Would you like more information on how to effectively support your objections?
yes
To effectively support your objections to an exclusive use by-law:
- Gather Evidence: Collect concrete examples and evidence supporting your objection.
- Present Clear Arguments: State specific reasons (e.g., access issues, unfair maintenance).
- Involve Other Owners: Seek support from other lot owners who share your concerns.
- Consult Legal Advice: Consider getting legal advice for stronger representation.
Would you like more details on consulting legal advice or any further assistance?
- Gather Evidence: Collect concrete examples and evidence supporting your objection.
- Present Clear Arguments: State specific reasons (e.g., access issues, unfair maintenance).
- Involve Other Owners: Seek support from other lot owners who share your concerns.
- Consult Legal Advice: Consider getting legal advice for stronger representation.
Would you like more details on consulting legal advice or any further assistance?
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