- This topic has 2 replies, 2 voices, and was last updated 11 years, 4 months ago by .
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Topic
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When an owner makes a change that affects common property (eg, installing aircon, adding an external awning), do we need to create a new by-law for each change? It is possible to create an overarching by-law to cover all approved changes for all lots? (NSW).
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Replies
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Marvin – almost 12 months ago when you sought advice about the installation of an air conditioner, it was then stated that:
….. unless there will never be a circumstance where other Owners will seek the O/C’s consent to install aircon systems (unlikely?), then it’s entirely reasonable for your O/C, which includes you by the way, to pay for the drafting and Registration of a generic Special By-Law covering such installations.
This would give your Executive Committee the ability to itself grant future consents, and thereby avoid a Motion at a General Meeting on every occasion that an Owner wants to install an aircon system and further Special By-Laws of the same type (and presumably further $1K payments by Owners) for each consent.
So the answer to your latest query is YES, although as the conditions attached to a consent for air conditioners and to awnings would necessarily differ (e.g. operating times for the former), it’s preferable to have a generic Special By-Law for each or at least for similar items.