Apportioning Lot Entitlements – A State By State Guide
- Exclusive Use: Original Owners Right to allocate common property or body corporate assets.
- Supply of Services: Including the right to enter into agreements, contracts, licences, leases or any other agreements in connection with the supply/on supply of services to receivers and service infrastructure used in connection with a system.
- Rubbish/Garbage Disposal: Particularly important where retail and residential lots are in the same scheme.
- Parking/ Towing of Vehicles: Make sure it is in the CMS so the body corporate is covered when a vehicle is towed.
- Noise: Especially those high-rises containing hard flooring. It creates a nightmare for the residents living there if not included in the CMS.
- Original Owners Rights including the use of common property: Areas that should be covered are signage, access, building works for improvement or completion of development works, installation of service infrastructure, temporary fencing/ hoarding.
- Recovery of monies: Although the recovery of monies is included under the Body Corporate and Community Management Act 1997 it is still important to include a by law, as the Act does not cover any administrative or legal costs incurred by the body corporate when trying to recover monies.
- Recreational Facilities and Areas: If you want to enforce the signage in relation to the recreational facilities, make sure it is in the by-laws. Ensure the by-law is fair and reasonable so there are no disputes along the way.
- Pets: Make sure all the details are included in the by law, especially in relation to pets on common property and seeking prior approval from the body corporate.
- Appearance of a Lot: If the owner/ occupier doesn’t look after their lot or exclusive use area, make sure the body corporate has the power to enter the lot and maintain at the owners expense.