#76378
SaltyOne
Flatchatter

    S108 of the NSW legislation includes a paragraph:

    (4)  If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.

    It is also possible that the owners corporation could decide (by special resolution) not to maintain the property and remove it instead!

    The best option would be to create by-laws authorising the existing arrangement in retrospect and, as part of that process, obtaining from each owner a commitment to maintain their own equipment.  This becomes difficult if the existing owners did not install the equipment and purchased the lot with an assumption that equipment on the common property (and not mentioned in a by-law) was Owners Corporation equipment and therefore maintained by the OC.