1. Scheme by-laws (CTA sections 43-49)
Unlike the Strata Titles Act 1985, the CTA does not contain any standard scheme by-laws. A community titles scheme cannot be registered without the lodgement of a scheme by-laws document. The community corporation may make further scheme by-laws and amend or repeal existing ones, all by special resolution.
A special resolution is passed if:
- the value of the votes cast in favour of a proposed resolution total more than ¾ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme; or
- for a community corporation with only 2 or 3 members, the value of the votes cast in favour of a proposed resolution total more than ⅔ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme.
Scheme by-laws may refer to, or incorporate, wholly or partially and with or without modification, scheme by-laws for any other community titles scheme in the community scheme as in force from time to time. Scheme by-laws must be in the approved form, being the Community Titles Scheme By-laws form.
More general information about scheme by-laws can be found in Landgate’s Guide to Community Titles
2. Exclusive use by-laws (CTA section 46)
Exclusive use by-laws confer exclusive use and enjoyment of, or special privileges over, the common property in the community titles scheme or specified common property in the scheme (the special common property) on the occupiers, for the time being, of the following (the special lots):
- a specified lot or lots in the community scheme;
- all lots in a specified community titles scheme within the community scheme.
Exclusive use by-laws may include the following —
- terms and conditions on which the occupiers of special lots may use the special common property;
- particulars relating to access to the special common property and the provision and keeping of any key necessary;
- particulars of the hours during which the special common property may be used;
- provisions relating to the condition, maintenance, repair, renewal or replacement of the special common property;
- provisions relating to insurance of the special common property to be maintained by the owners/community corporation of special lots;
- matters relating to the determination of amounts payable to the community corporation (whose function is to control and manage the special common property) by the owners of special lots/ community corporation of the special lots, and the imposition and collection of the amounts;
- provision for the expiry of the by-laws.
Subject to the terms of exclusive use by-laws, the obligations in relation to the special common property fall on the owners/community corporation of the special lots. An amount payable by a person to a community corporation under exclusive use by-laws must be paid (together with interest on any outstanding amount) and may be recovered by the community corporation as if the amount payable were an unpaid contribution levied on the person as a member of the corporation.
Exclusive use by-laws can only be made or amended if the owner of each lot that is or is proposed to be a special lot/community corporation for special lots has given written consent to the by-laws. Exclusive use by-laws can be repealed without such consent.
2.1. Exclusive use by-laws sketches
See STP-11 Scheme By-laws.
3. Registration of by-laws and amendments to by-laws
A community corporation must apply to the Registrar of Titles to register scheme by-laws as soon as reasonably practicable and, in any event, within 3 months, after they are made, amended or repealed.
An interest created under scheme by-laws does not have effect as an interest registered under the TLA (CTA section 44(6)).
If, in accordance with scheme by-laws required under a planning condition, the amendment or repeal of scheme by-laws requires the approval of the WAPC or a local government.
Information about the registration of new, amended or repealed scheme by-laws, see CTS-07 – Registration of community titles schemes.
No presumption of validity of scheme by-laws
CTA section 53(1) states that the Registrar of Titles may, but is not obliged to, examine scheme by-laws lodged for registration for compliance with the CTA. Therefore, it must not be presumed that, because by-laws are registered, they are valid or enforceable (CTA section 53(2)).