@Costa said:
The By-Law doesn’t excuse them from looking after it, it doesn’t say who has to look after it, so the Exclusive Users should.
The NSW strata Act addresses this by assuming that the owners corp WILL be responsible for common property under an exclusive use by-law UNLESS specified otherwise.
Since the law also won’t allow the by-law to be rescinded without the beneficiary’s approval, this is something that should have been drafted properly to begin with.
The Act’s intention isn’t to give responsibility to the OC, but to make sure someone is responsible if the by-law is badly written or negligent in this regard. I think you might be up the creek without the proverbial on this one.