› Flat Chat Strata Forum › Common Property › Duped by strata manager › Current Page
Yes, a grant of Exclusive Use can incur a cost after the Exclusive Use has been granted to the recipient, but not easily.
Section 53 of the Strata Schemes Management Act 1996 states:
“53 Can a by-law contain conditions?
A by-law to which this Division applies may confer rights or special privileges subject to such conditions as may be specified in the by-law (for example, a condition requiring the payment of money by the owner or owners of the lot or lots concerned, at specified times or as determined by the owners corporation).”
And yes, a grant of Exclusive Use can be repealed, but not easily. Section 52 deals with this matter.
“How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?
Section 52 How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?
(1) An owners corporation may make, amend or repeal a by-law to which this Division applies, but only:
(a) with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and
(b) in accordance with a special resolution.
(2) A by-law to which this Division applies may be made even though the person on whom the right of exclusive use and enjoyment or the special privileges are to be conferred had that exclusive use or enjoyment or enjoyed those special privileges before the making of the by-law.
(3) After 2 years from the making, or purported making, of a by-law to which this Division applies, it is conclusively presumed that all conditions and preliminary steps precedent to the making of the by-law were complied with and performed.”
For a legal opinion see also: https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1374&context=blr
(my emphasis only)