I couldn’t agree with Whale more. There are so many loopholes in Strata law, and the CTTT can be so inconsistent in its rulings that you really can’t be too careful. Imagine that your gentleman’s agreement with the existing owner isn’t honoured by the next person who takes possession of the unit. Suddenly the Owners Corp could be faced with keeping up a garden that is to all intents and purposes a private facility, or paying to restore the area to its previous condition.
It may be bureaucratic but it isn’t excessively so -it’s just the system and, bearing in mind that we live in a ‘me first’ world, it simply makes common sense to dot all the Is and cross all the Ts