Can an exclusive use area be approved conditionally to avoid upfront costs?

QLD

Rules & Bylaws

Can a body corporate approve an exclusive use area at an AGM, subject to legal and survey conditions?

The creation of an exclusive use area requires a “no dissent” vote at an AGM. Is it possible to submit a detailed proposal for the area and have it voted on without first obtaining legal advice or a survey, provided the matter is referred to the committee, subject to specific conditions?

For example, the conditions could include:

no adverse legal advice,
a completed survey plan, and
agreed limitations on use of the area.

Would this approach satisfy the Act’s requirements while avoiding significant upfront costs in case the proposal is rejected? The intention is not to avoid expenses, but to secure in-principle approval and prevent unnecessary delays caused by waiting for another AGM.

There is no requirement for legal advice or an exclusive use plan to accompany a request for exclusive use.

There is no requirement for legal advice or an exclusive use plan to accompany a request for exclusive use, but a lot owner could reasonably dissent on the basis that insufficient material was presented.

At a minimum, such a proposal needs to include sufficient detail so that owners are aware of exactly what they would be approving. A less formal sketch plan can be sufficient without the need to prepare an exclusive use plan.

However, the motion should not leave it up to the committee to finalise, though. It should include everything necessary to give effect to the grant (such as details as to the exclusive use by-law to be inserted, any pre-conditions and authorisation of the new CMS being lodged).

Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753

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Published: 13 Oct 2025

Last Updated: 7 Jul 2026

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Answer by

Todd Garsden

Mahoneys

Todd is an experienced property lawyer who heads up Mahoneys body corporate team.

Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.

Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.

As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.

Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.

Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.