Dear taps
Its quite simple
Have the chairman or SM speak to the owner first.
Let him know that he has breached the clause about damaging common property.
Point out that he can
a) reinstate the pipe to its former condition and raise the level of his courtyard as he has damaged commo property. Say that if he fails to do so the OC will issue a breach notice and if he fails to remedy the breach, he can be fined and the OC can reinstate the stormwater and charge him for it
OR
b) tell him that he will need to get a bylaw passed for the change to the stormwater. That the costs of the bylaw will be at his expense and that he will maintain the stormwater pipe.
b) is the cheaper solution for the recalcitrant owner, but a) is where the OC has the big stick
Apart from breaches of bylaws, in NSW there is no law allowing owners to be fined for any such acts.
But consider thatnin this case, the owner has improved thecommon property by replacing old terracotta pipes. So you woild not want to chnage that out. If its not doing any harm, get that bylaw passed
If the SM is suggesting a meeting just to give permission and not to pass a bylaw, then he is mistaken. It needs a bylaw passed so that the OC is not stuck for any future maintenance costs .
The cost of the meeting can be charged to the owner as parg of the “permission””
Robert