Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) If the owner of a lot included in a specified two-lot scheme to whom rights are in the first instance given under an exclusive use by-law agrees in writing, the by-law may impose conditions (that may include conditions requiring the owner to make a payment or periodic payments to the scheme's body corporate or the owner of the other lot included in the scheme, or both).
(2) An exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance and operating costs, to make the owner of the lot to whom exclusive use or other rights are given responsible for the maintenance of and operating costs for the part of the common property to which the exclusive use by-law applies.
Example of operating cost for part of common property—
cost of providing lighting to the part of common property
(3) However, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for—
(a) maintaining in good condition roofing membranes that—
(i) are on the part of the common property to which the by-law applies; and
(ii) provide protection for lots or common property; or
(b) maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner—
(i) foundation structures;
(ii) roofing structures providing protection;
(iii) essential supporting framework, including load-bearing walls.