Like KP, I also disagree with Whale’s interpretation of what is considered a “lot owners fixture” when it relates to an insurance claim. A lot owners fixture does not need to be a new addition by a lot owner but will include existing cabinetry, basins, wardrobe doors etc, despite the fact that they are not common property. They key point will be whether the event that has caused the damage is an insurable event under the policy.
Enough from me on this as well. As always – refer to your PDS and seek the advise of your broker/insurer.
As for the need for a by-law, it is impossible to say without reading the description of the “stratum of the lot” for the courtyard as stated on the registered strata plan. It may mention the hard floor surface, or may include cubic space up to several meters below the ground floor level of the unit where there is no concrete slab below.
However, as Whale quite rightly points out, there will clearly be a change to the outward appearance of the lot (unless there a 10 foot high fences) and at this point the EC should be asking for assurances regarding liability.
I am also curious about the council DA approval as most councils will require any application where the lot is within a strata scheme to be approved by the OC and the common seal applied to the forms.