CTS-06 Scheme By-laws

Version 1 30/06/2021

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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:

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):

Exclusive use by-laws may include the following —

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 Exclusive use by-laws can be repealed without such consent.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scheme by-laws as soon as reasonably practicable and, in any event, within 3 months, after they are made, amended or repealed.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)).