I think you need the permission of the lot owner before responsibility for common property can be transferred to them via a special resolution by-law, so the proposed by-law may be unlawful anyway. On the other hand, paying $76 to run a case at the CTTT on your own might be more trouble than its worth. To complicate matters, if the flyscreens are common property, you are probably not allowed to change them yourself anyway. My suggestion would be to approach your nearest Community Justice Centre for their free mediation service.