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Gees….. indecisive Lawyers!
As a non-lawyer I’d vote for the first option, as even though I believe that all owners actually are consenting to the entirety of the Special By-Law (SBL) by virtue of the special resolution (if passed) they make to create it at the General Meeting, nothing’s diminished by individual owners individually consenting to the maintenance conditions of that SBL, providing details of their renovations, of the specific common areas affected, and their Lot number all at the time that renovations are proposed.
That’s a step in right direction, but it does nothing to address those renovations involving common property that have been permitted to occur in the past, and about which you should perhaps make your Owners Corporation aware at the General Meeting; specifically if your Motion is floundering.
