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?
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).
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Matthew Jenkins is the General Manager and Partner at Bannermans Lawyers and a leading practitioner in strata and community title law. Before joining the firm in 2006, Matthew spent over ten years in the finance sector with major international companies. Admitted in 2008, he has developed extensive expertise across by‑law drafting, building compliance, management rights, dispute resolution, insurance, meeting procedures and complex title structuring. Matthew serves on the SCA (NSW) Board of Directors, is Chair of the Policy and Legislation Committee, and is a TAE40122 qualified trainer and assessor.
Qualifications
- Bachelor of Aviation (UNSW)
- Juris Doctor (UTS)
- Member of the Law Society (NSW)
- TAE40122 Certificate IV in Training & Assessment
Years of experience
- Over 18 years in strata and community title law (since 2006)
- Over 10 years prior experience in the finance sector
Authoritative mentions
- Published author in the Real Estate Institute Journal
- Contributor to multiple industry articles and strata law commentary
Other relevant info
- Rapid career progression at Bannermans Lawyers from law clerk to Partner
- Extensive experience across NCAT and Supreme Court proceedings
- Specialist in by‑laws, building management, compliance, insurance, disputes and title structuring
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