#38267
Sir Humphrey
Strataguru

    I assume you are in NSW, in which case I don’t know the answer. I would be looking to see if you have a provision like in the ACT’s Unit Titles (Management) Act s.25 whereby “An owners corporation for a units plan may, by special resolution, exempt itself from 1 or more maintenance obligations … if the exemption is not reasonably likely to have a significant adverse effect on (a)  the appearance of the common property; or (b)  the safety of occupiers of the units or of the public.”

    Consistent with this provision, our OC adopted a rule (aka by-law) that required unit owners to maintain their individual paths and driveways that connected to the shared paths and roads: “The unit owner must ensure that their individual access structures do not unreasonably interfere with the reasonable use and enjoyment of the common property by other unit owners or have any significant adverse effect on the appearance of the common property or the safety of occupiers of the units or of the public”, deliberately echoing the words of the Act. We did not want the OC to assume responsibility for people’s paths where they crossed a few meters of common property, especially as some were cheap but entirely adequate simple gravel paths/driveways while others were concrete or expensive pavers or stone or bitumen or involved steps etc.