What is the difference between a registered EUA and a rule-based EUA? – A registered EUA is recorded on the sectional plan and noted on the title deed. A rule-based EUA is allocated in the scheme’s conduct or management rules and must be approved by CSOS. Both types grant exclusive use rights, but only registered EUAs can be bought, sold, or bonded.
How can an EUA be legally created or allocated? – EUAs are created either by registration on the sectional plan or by allocation in the scheme rules, which must include a scaled layout plan and allocation schedule, and be approved by CSOS.
Can EUAs be sold, leased, or transferred to another owner? – Only registered EUAs can be formally transferred or sold. Rule-based EUAs are tied to the rules of the scheme and can only be reassigned through a rule amendment approved by CSOS.
What happens if the EUA is not properly recorded or allocated? – It remains common property, and exclusive use by an owner may be disputed. Proper recording or allocation is essential to ensure legal clarity and avoid conflict.
Can an owner make additions or changes (e.g. build a pergola or wall) in an EUA? – Not without proper approval. Trustee consent is the first step. Depending on the change, a special or unanimous resolution may be required. Additionally, all additions and alterations must comply with municipal town planning, building regulations and sectional title legislation.
