Special Privileges Bylaws

Special privileges by-laws are normally provided for specific lot owner works. For example, if the owner of lot 3 in a scheme wants to renovate the bathroom and kitchen in their lot, the by-law will grant the lot owner with the special privilege to undertake such specific works that affect the common property. The by-law will include a number of conditions in respect of the grant of the special privilege including responsibility for repair and maintenance and liability and indemnity to the owners corporation for the works undertaken by the lot owner.

Special privileges by-laws must include “a specific authorisation of a specific action”. Such by-laws protect the lot owner as much as the owners corporation as liability is only extended in respect of the specific works undertaken, and that is why it is so important that the scope of works include in the by-law is adequately described by the strata by-laws solicitor. Issues in respect of by-laws often arise when the scope of works is not adequately described and there is a dispute as to who is responsible for what if there is damage to the common property or another lot.

A special privileges by-law for specific lot owner works can be designed, however the scope of works will have to be adequately described in accordance with the client’s instructions. Special terms and conditions can also be included upon the request of the owners corporation. The lot owner will be responsible for the cost of the by-law as it for the sole benefit of their lot.

For additional information visit our Library.