#24650
Whale
Flatchatter

    Sandra – an interesting question, where if you’re in NSW I’d say YES on the basis that an Owners Corporation (O/C) may, by way of a special resolution passed at a General Meeting, permit an Owner to exclusively use a part of its common property OR grant them a licence to use that property; both methods may include conditions such as a permitted assignment to a lessee, fees payable to the O/C, and a process to review those.

    Given the complications that can arise from exclusive use particularly if an O/C wishes to at some time revoke its earlier decision, I’d recommend a licence to the Owner/s of the commercial lots, worded in such as way as to permit conditional assignment to their lessees under Sect 65B of the NSW Strata Schemes Management Act (1996).

    Your O/C will need some legal advice on this, as the conditions of any licence would need to be complementary to and not in conflict with the form of the Consent issued by Local Council, whose Legislation is in legal terms “superior” to (and therefore overrides) any granted by an O/C even if supported by a Special By-Law.