KP – you’re selectively quoting again, and this time from the section of a Building Policy Addendum about floating floors; for your own piece of mind, you need to inform yourself about what a “lot owners’ fixture and improvement” comprises, and under what circumstances the Policy covering those items applies!
Enough from me on that!
As for the need for a Special By-Law (in NSW) to cover the works undertaken by the Lot Owner, there was I think some initial confusion about whether the gazebo and paving was on Common Property or on the Lot.
From my perspective, as dogears mentioned that the installation of the gazebo and paving required the consent of Local Council, I concluded that the bulk of the finished product would have been substantial enough to warrant the O/C’s Consent on the basis that it may have affected the appearance of the Lot (By-Law 17), and that would have been the time to address the issue of insurance responsibility, maintenance, and repairs.
I was confused about dogears‘ later post 8, where it’s mentioned that (some) By-Laws were recently amended “to ensure Owners are responsible for repairs to their Lot which involve Common Property”, and that’s why I asked in (post 9) what State/Territory dogears‘ Plan is located, the process the O/C used to amend its By-Laws, and what it was trying to achieve by that amendment?