I have an exclusive area attached to my lot. Can I grant a licence agreement for that area to a person without the owners corporation's permission?
This is the usual course when a lot owner leases their lot and includes the exclusive use area in the lease.
An exclusive use by-law granting an owner the exclusive use rights to an area of common property is like a lease over the common property. The benefitted owner has the use of that area of common property to the exclusion of all other owners and occupiers on certain conditions.
Unless the by-law provides that the benefitted owner is not able to licence the area to others or must seek consent to sublease or sublicense the area, the lot owner is able to licence the area to a person without the consent of the owners corporation. I would be surprised if the exclusive use by-law dealt with assignment of the rights.
This is the usual course when a lot owner leases their lot and includes the exclusive use area in the lease.
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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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