Can a strata company approve a motion to provide an exemption to a by-law without changing the by-law?

Legally, no. A strata company cannot approve a motion to grant an exemption to an existing by-law without formally amending the by-law. By-laws are legally binding and enforceable under the Strata Titles Act 1985 (WA), and they must be complied with unless amended in accordance with the procedures outlined in the Act.

In this case, if jarrah is specified as the required material in the by-law and is no longer readily available, the appropriate course of action would be to amend the by-law to either:

1. Include alternative materials as acceptable options, or
2. Remove the material specification entirely if flexibility is preferred.

Such an amendment would need to follow the formal process under the Act, including a resolution without dissent or a special resolution (depending on the type of by-law). This ensures the change is valid and enforceable.

Attempting to provide an "exemption" without formally amending the by-law would risk the by-law being unenforceable and could create inconsistency in its application, potentially leading to disputes.