An exclusive-use arrangement over common property should state the area, user, purpose, conditions and duration. The resolution threshold changes when the grant is up to one year, between one and three years, or longer than three years.
The practical task is to match the proposed duration and rights to the correct general-meeting resolution and record. A sound decision separates the controlling condition from convenience, then records the evidence before money, travel, work or a deadline makes the choice harder to reverse.
Choose the branch before acting
| Situation | Practical next step |
|---|---|
| Exclusive use is not more than one year | Test the ordinary-resolution route and exact by-law terms |
| Exclusive use is over one year and up to three | Prepare the special-resolution notice and vote |
| Exclusive use exceeds three years | Test the 90 per cent resolution requirements |
| The area may not be common property | Confirm the strata title plan before drafting a motion |
Identify the area
BCA Strata Living guide states the controlling point used here: The BCA summary maps exclusive-use by-laws to ordinary, special and 90 per cent resolutions according to duration. A lobby corner, roof, car park or planter may have a different title status. Attach a marked strata plan
For identify the area, this becomes consequential when “Exclusive use is not more than one year” applies. The next move is to test the ordinary-resolution route and exact by-law terms, but only after the underlying condition has been verified and dated.
State the right
Access, storage, seating and commercial use are not interchangeable. Describe permitted and prohibited use
For state the right, record the result as confirmed, pending or not applicable. If it is still pending, do not let a convenient assumption close the gap; identify the person or service that can resolve it and the last safe time to ask.
Choose duration first
The voting threshold follows the duration of the exclusive right. Put start and end dates in the motion
For choose duration first, this becomes consequential when “Exclusive use exceeds three years” applies. The next move is to test the 90 per cent resolution requirements, but only after the underlying condition has been verified and dated.
Price the estate impact
BCA Strata Management Guides states the controlling point used here: BCA guidance explains by-laws, motions and resolution types for management corporations and owners. Exclusive access can shift maintenance, insurance and opportunity costs. Record contribution and reinstatement terms
For price the estate impact, record the result as confirmed, pending or not applicable. If it is still pending, do not let a convenient assumption close the gap; identify the person or service that can resolve it and the last safe time to ask.
Draft an executable motion
A vague approval leaves the council unable to enforce boundaries. Name the beneficiary and conditions
For draft an executable motion, this becomes consequential when “Exclusive use is not more than one year” applies. The next move is to test the ordinary-resolution route and exact by-law terms, but only after the underlying condition has been verified and dated.
Maintain the by-law record
Future owners need to know what exists and when it ends. File the resolution, plan and registered by-law evidence
For maintain the by-law record, record the result as confirmed, pending or not applicable. If it is still pending, do not let a convenient assumption close the gap; identify the person or service that can resolve it and the last safe time to ask.
A duration-to-resolution table for grants up to one year, one to three years and over three years
Start with Identify the area, then test State the right and Choose duration first. Show the input, the condition applied and the resulting action in separate columns. If a number is calculated, retain the arithmetic; if a route is selected, retain the branch that ruled out the alternative.
| Input or condition | Evidence to keep | Decision it changes |
|---|---|---|
| Exclusive use is not more than one year | Attach a marked strata plan | Test the ordinary-resolution route and exact by-law terms |
| Exclusive use is over one year and up to three | Describe permitted and prohibited use | Prepare the special-resolution notice and vote |
| Exclusive use exceeds three years | Put start and end dates in the motion | Test the 90 per cent resolution requirements |
A motion checklist covering title boundary, user, purpose, fee, maintenance, insurance and reinstatement
Use Price the estate impact, Draft an executable motion and Maintain the by-law record as the verification pass. Check the live condition, note the time checked and keep the response or document that supports the conclusion. Unknowns remain visible until resolved; they should not be replaced by a guessed price, deadline, eligibility result, service level or operating detail.
Worked example
An owner wants sole use of a small common-property recess for two years. The MCST first confirms the area on the strata plan, then drafts a time-limited by-law with access, maintenance and reinstatement terms. Because the proposal exceeds one year but not three, the estate does not simply reuse the one-year voting route.
The example is a calculation or decision model, not a guarantee. Change one material input at a time, preserve the original inputs and recheck the live authority or operator page before relying on the result.
Before you commit
- Test the ordinary-resolution route and exact by-law terms.
- Prepare the special-resolution notice and vote.
- Test the 90 per cent resolution requirements.
- Confirm the strata title plan before drafting a motion.
- Save the date and evidence used for every material condition.
- Stop and ask the controlling authority, operator or qualified professional if a disputed fact changes the outcome.
Keep the property, party, document, amount and decision date in separate fields. A sales description, managing-agent explanation or remembered conversation should not replace the controlling plan, resolution, contract or regulator record.
Limits
The correct resolution and registration steps depend on current legislation and the exact right proposed. Obtain professional advice for valuable or disputed grants.
For an adjacent live guide, see Condo By-Laws: What Owners and Tenants Must Check. If the next decision shifts to a second practical issue, Condo Defects Liability Period: What Owners Should Record provides the relevant progression without duplicating this primary intent.
