There is an assumption under NSW strata law that if changes are made to common property associated with one lot, then the Owners Corp pays for maintenance. This can (and should) be changed when an owner seeks permission but under the law SOMEONE has to take responsibility and in the absence of anything else, that defaults to the Owners Corp (see extract below).
Obviously, when the pavers went down, the previous owner should have accepted ongoing responsibility for their maintenance. I would guess that your EC’s position is an ambit, basically giving you the opportunity to put things right.
My suggestion would be a compromise: They repair the pavers to your satisfaction and you apply for a by-law in which you accept responsibility for their future maintenance.
That’s a win all round. However, if you are looking to use one of the odd quirks in strata law to get your neighbours to pay and continue paying for something that only benefits you, you may be out of luck. If I were your chair, I’d accept the compromise as it minimises the cost and removes future responsibility from the Owners Corp.
And don’t forget you can always take this to the other owners at a general meeting.
54 By-law must provide for maintenance of property
(1) A by-law to which this Division applies must:
(a) provide that the owners corporation is to continue to be responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the common property or the relevant part of it, or
(b) impose on the owner or owners concerned the responsibility for that maintenance and upkeep.
(2) Any money payable under a by-law to which this Division applies by more than one owner to the owners corporation or to any person for or towards the maintenance or upkeep of any common property is payable by those owners proportionately according to the relative proportions of their respective unit entitlements unless the by-law otherwise provides.
(3) To the extent to which a by-law to which this Division applies makes a person directly responsible for the proper maintenance, and keeping in a state of good and serviceable repair, of any common property, it discharges the owners corporation from its obligations to maintain and repair property under Chapter 3.