This article discusses the registration process and fees for updating by-laws and creating an exclusive use area in a QLD strata scheme.
Question: Can updated by-laws and a new exclusive use area be registered together? How are the registration fees calculated?
We are planning to update our by-laws and create an exclusive use area for one lot, with assistance from a lawyer. If we get approval for the revised by-laws and the EUA motion at the next AGM, can they be registered together as one submission?
Are the registration fees calculated as a single set or separately? I understand the fees work on a sliding scale, but I can’t find the details. Do you only pay for the number of changed by-laws, given we’ve already registered the original set? The process seems confusing. Can you please clarify how it works?
Answer: Registration fees for something like this are a flat fee.
To me, this is more about the structuring of the motions. A change of by-laws usually requires a special resolution. A grant of exclusive use requires a resolution without dissent. If they go up together, you must have the whole thing approved by resolution without dissent. If there is any risk of it not being approved, then you might choose to do the by-laws first and then the exclusive use motion second. That way, it’s not all or nothing.
Registration wise, you then just need to register the one new CMS, and whether that includes the grant of exclusive use depends on whether it was approved! Registration fees for something like this are just a flat fee. Transfer duty (for buying property, etc.) is a sliding scale, similar to stamp duty.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
This post appears in the November 2025 edition of The QLD Strata Magazine.
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Read next:
- QLD: Q&A Can an exclusive use area be approved conditionally to avoid upfront costs?
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- QLD: Legal Disputes in Strata – Part B
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