Question: To create an exclusive use by-law, is voting always based on one vote per lot, or do the unit entitlements for each owner apply?
My federation style strata block has four similar sized apartments, with two units downstairs and two upstairs. The strata plan was created in the mid 70s, and there are different unit entitlements for each lot. The unit entitlements do not reflect each apartment’s size.
Three owners want to create exclusive use by-laws for outdoor balcony and courtyard areas, however, one owner does not. To create an exclusive use by-law, is voting always based on one vote per lot or do the unit entitlements for each owner apply?
Answer: The answer is yes.
The answer is yes. To make a by-law requires a special resolution at a general meeting (see section 141 of the Strata Schemes Management Act 2015).
A special resolution is calculated based on unit entitlements (see section 5 of the Strata Schemes Management Act 2015).
This post appears in the July 2024 edition of The NSW Strata Magazine.
Matthew Jenkins
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226
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