#24973
Sir Humphrey
Strataguru

    Is it perhaps that the legislation requires an agreement with a particular person? We (in the ACT) got around this sort of problem with legal advice that the OC could resolve to grant exclusive use to ‘the owner of the unit for the time being’ or ‘at any time’. That is to whoever is the unit owner at any particular moment. That way the exclusive use would run with the unit. Of course, that might not have been the issue where you are.

    We also have a ‘rule’, that is, a by-law, also checked out with legal advice, that any facility provided for the exclusive use for the owner of one unit is the responsibility of that unit owner to maintain. 

    Both of these provisions were set up to avoid needing to have individuals sign bits of paper which would have to be remade with new owners each time a unit changes hands.