An owners corporation can only repeal an exclusive use by-law that confers on the owner of a lot, or the owners of several lots, certain rights or privileges to use a part of the common property, if it has the written consent of the owner(s) of the lot(s) concerned.
The Strata Schemes Adjudicator has the power, under the SSMA, to repeal an exclusive use by-law if the lot owners concerned unreasonably refuse to consent to the repeal of the exclusive use by-law. However, the Adjudicators rarely extinguish the proprietary right of the owner(s) of the lot(s) once a special rights by-law has been granted, particularly if the lot owner has paid for this area.