Question: The carports in our old strata scheme have never been registered with Landgate for the exclusive use of the respective unit owners. What’s the best and least expensive way to do this?
I own and lease out a unit in a 1970s WA strata scheme. Our 30 common property carports have never been registered with Landgate for the exclusive use of the respective unit owners. I have obtained one quotation of $14,000 from a licensed surveyor for necessary survey work to accompany the application to Landgate.
Are there less expensive alternatives that would satisfy Landgate?
Answer: Survey firms may charge plus or minus the amount you have stated. There will be other fees to consider as well.
Exclusive use drawings need to comply with a set of standards so there is no ambiguous interpretation of who has the use of what.
Survey firms may charge plus or minus of the amount you have stated. There will be other fees to consider as well.
On top of the survey work, there will be costs for general meetings and preparation of the details for the exclusive use areas.
Landgate will also charge a fee for document lodgement.
As you’ll be adding in a new bylaw, the strata company will also need a first consolidation.
This post appears in the May 2025 edition of The WA Strata Magazine.
Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au
An Exclusive Use by-law for common property attached to my Lot was adopted in the AGM minutes and included in the 2023 Notification and Consolidation. The consolidation governance, by-laws within the 2023 Notification and Consolidation omitted the exclusive use by-law
in favour of my lot therefore I do not currently have exclusive use of my common property.
I was advised by Landgate that the time to resubmit the by law had lapsed and that my by-law would have to be presented to the next AGM for a RWD, then registered at Landgate.
I did not submit the exclusive use by-law that was originally submitted as it was for an existing structure which was removed for safety reasons.
Although a new consolidation was submitted in 2024, and as my exclusive use by-law was not resubmitted but remains with no amendments made to the exclusive use areas as was stated in the 2023 consolidation.
Do I lodge a new exclusive use by-law for to install a new structure.
What is the process to have the current exclusive use by-laws removed for my lot that were incorrectly lodged in the amended 2024 consolidation of by-laws.
Hi Glenda
We suggest you seek legal advice on this matter.
Is it possible for the lot owner to give exclusive use of some of their property to the strata company, under this section? This can be for maintenance reasons of joint electrical and pillars etc.
Or does section 42 only apply giving exclusive use from the strata company (common area) to the lot owner? Thanks
Hi
This Q&A should assist: Question: One lot’s balcony houses the electricity meters for the building. They want to fully enclose this area. What is the position on this for both the owner and for future access to the electricity meters?
The leach drains in my exclusive use area, which are the responsibility of the strata company as noted in the by-law, have failed and I have been warned by the City of Xxx I may now receive a notice to vacate the premises as they could be deemed uninhabitable. The strata company has no budget for leach drain maintenance and repairs and has been dragging its feet for months and months addressing the issue. Could the strata company be liable for my costs arising from the notice?
Hi there
If a strata lot have front and rear court yards and is exclusice Use who is responsible to pay for the removeal of the planter box and garden beds adjacent to the unit if the strat vote to remove them due to water leagage.
These items were erected yaer ago by a previous owner
regards
Brett
I was interested to know the answer to this question please.
If a by-law for exclusive use is passed at the AGM does this then entitle the owner to have permission to build a patio’s etc within the exclusive use property,
If permission has been sought from the relevant council and strata company and approved – does it change the unit entitlement?
Hi Jenny
The following resppnse has been provided by Shane White, STRATA TITLE CONSULT:
A by-law for exclusive use allows the owner to use an area exclusively.
Depending on the terms and conditions of the by-law there may also be conditions to maintain, repair, replace, keep clean or pay a fee.
An exclusive use by-law doesn’t include permission to erect a structure or carry out structural alterations unless they were part of a pre-approval in the by-law.
There are various requirements in the Act and Regulations for applying to the strata company for approval to do a structural alteration.
Primarily the approval of the strata company, if building approval is also required then from the Local Council.
There are a number of different paths that could be followed:
Does the patio come under an improvement to the common property? Self funded by the owner?
Does the patio come under a sustainability infrastructure contract.
The proposal to erect a patio on the common property exclusive use area should have been presented with plans to the strata company.
Will the erection of the structure compromise the insurance policy? Is the insurer aware?
Who will maintain the patio afterwards?
The erecting of the patio on common property will not change the Unit Entitlement (UE) values unless a re-subdivision was done to include the area of common property into the Lot. Otherwise, the UE values will remain the same.
A situation has occurred at an 8 story 26 unit strata complex (1977 strata) where a number of owners have experienced problems with windows (bedroom x 2) and windows and sliding doors to balcony, probably up to 16 owners. I have been told that under the strata plan a lot owner only owns the internal space and all walls, floors, ceilings and windows are common property. I am told that the Act states that the strata company must maintain, replace, renew etc all common property. Furthermore, I am told, that you cannot make a bylaw that conflicts with any section of the Act. I can see possible problems arising if a large number of owners were to “go their own way” with this matter.
If Owners have already built patios over previous years on the common property, is the option to approve these additions is pass a by-law of exclusive use.
If a by-law for exclusive use is passed at the AGM does this then entitle the owner to have permission to build a patio’s etc within the exclusive use property,
Hi Glenda,
Thanks for emailing us outside of this forum. I have replied there as this one is a bit complex!
This was a very useful article, thank you.
If someone wanted to remove an exclusive us by-law, what would be required?
Thanks Sam! It would essentially be the exact same process!
Our strata was built in stages – the first stage was a tower sold by the developer to a sister company which leases most of it to a subsidiary entity (a hotel). The first AGM minutes show only the developer and owner of stage 1 existed and they created a bylaw that established a large special use area. Neither the owner of the lot or its tenant maintain this area although required to. The affiliated entities own more than 50% of UE and would out voted the other owners if we tried to sanction them in some way although it never gets to that point because the council is indebted to them and avoids dealing with the issue. Suggestions?
If there is no vote without decent if anybody votes no then a exclusive use bylaw isn’t passed is that correct?
Hi Ken
We have received the following response back from Elizabeth Florence, Abode Strata Management:
Correct, as noted within my response above:
To pass a by-law relating to exclusive use and/or special privileges in a two-lot scheme a unanimous resolution is required and in any other scheme, a resolution without dissent is required.
If this bylaw has been added to the landgate plans by the strata manager & the units that benefit from it 31 out of 100 , they have just wasted our strata money as this is not valid correct