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Janet – I understand how you must feel, but before you decide to throw in the towel by agreeing to all of your Owners Corporation’s demands I have a few final comments…..
Firstly, consider the ramifications upon the future saleability of your property when a properly conducted Strata Search reveals structural faults that were not only rectified at the cost of the Owner, but will be the responsibility of a new Owner should they again arise.
Secondly, the consensus of replies to your original post is that you are not legally responsible for common property repairs / maintenance and that any provision of your Owners Corporation’s proposed Special By-Law that makes you and subsequent Owners responsible for those repairs would be unenforceable without your prior written agreement to its making and registration.
Lastly, if you’re determined to obtain more legal advice then at least ensure that you seek the services of lawyers that are very well experienced in Strata matters such as Makinson and d’Apice (Beverley Hoskinson-Green) who are sponsors of this Forum.
Whatever you decide to do, good luck with it Janet.
