dan – absolutely… and I’d strongly recommend that the proposed Special By-Law (SBL) incorporates both the moratorium and the keeping of the Register outlined in my previous post (#2), or at least that the applicable Motion before the Annual General Meeting incorporates those provisions so that they’re “enshrined” in the resultant special resolution if passed.
I don’t know how strata-experienced your Lawyer is, but the process that I’ve recommended is entirely within the provisions of the NSW Strata Schemes Management Act (SCMA), albeit as I suggested earlier the implication that any renovation that’s not shown in the Register is un-consented and that its ongoing maintenance and repair is deemed by the Owners Corporation (O/C) to be the responsibility of the then Lot Owner (who may not be the renovator) could be contested.
I made that observation because in order for any SBL to properly transfer part of the O/C’s responsibility to attend to common property maintenance to an Owner, that Owner needs to agree in writing to that provision. So whilst it could be claimed (as I do) that all Owners agreed to that provision when they passed the Special Resolution to create and register the SBL, a counter-position could be argued, and arguments of the legal variety are the last thing that an O/C needs.
On the subject of your Executive Committee (E/C) agreeing to make your Lawyer’s draft SBL into a generic document in the form that I’ve suggested and to reimburse your costs for the work done to date, you can but try, however remember that your Strata Manager is a consultant/advisor to your O/C, and remind your E/C that it has a legal obligation to ensure that the Strata Plan is managed in compliance with the SCMA and to correct past non-compliances such as those that you’ve identified and about which they’re now aware; that’s what you’re asking them to do and indeed showing them how to do it!
I don’t know how many Lots are in your Plan or how many of those comprise the anonymous renovators, but you’ll need ≥75% of those at the AGM (including by proxy) to support your Motion for the SBL, so best get lobbying for the votes of personal attendees and proxies!