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oystercove – you’re hearing correctly!
The way around this anomaly is to do what I did for my Plan, by obtaining Owners’ consent (by special resolution) to create and register a Special By-Law (SBL) stating that the maintenance, repair, and replacement of any changes, additions, or alterations to the Common Property that are not shown in the Plan’s Register of Changes to Common Property are entirely the responsibility of the Owner/s from time-to-time of the Lot/s concerned.
We resolved to advise all Owners of the upcoming SBL and to give them three (3) months to advise the Owners Corporation (O/C) of anything that it may not otherwise be aware of (and some did), the Chairman and me then inspected those and placed their relevant details with others in the Register, on the 91st day I ruled a line under the last entry, and went ahead with Registration with NSW Land & Property Information.
Now, whenever the O/C makes a change (recently, an additional clothesline) I record that in the Register, and when an owner applies to do so and they receive a written consent from the O/C with conditions (where appropriate), I similarly record the details in the Register; agreed it’s a bit more work for the hard-working Secretary but it’s very well worth the effort in my opinion.
