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@Whale said:
After adding-in all the changes to Common Property that the O/C had itself made over the years, the Register was then closed-off, and at the next General Meeting it was specially resolved to Register a Special By-Law stating in very specific terms that any changes, alterations etc not shown from time-to-time in that Register were un-consented by the O/C, and that the responsibility for maintaining and repairing those was the responsibility absolutely of the Owner/s from time-to-time of the Lot/s concerned.
I agree what you are doing is admirable and it should work but the Strata Act in NSW transfers the responsibility of any alterations to common property to the OC once the lot is sold and I don’t believe a bylaw can conflict with the Act and win.
If this was the case why don’t the default strata bylaws in NSW introduce such a bylaw when the building is first registered to eliminate this ridiculous problem of the strata being lumbered with unauthorized alterations.
Whale I fully agree with what you are doing but I have my doubts about whether it would work if challenged.
