Thanks Jimmy – but that was my post not Austman’s (thanks for the clarification by the way Austman) and somehow it’s duplicated (??); elves perhaps.
Anyway, I was trying to dispel the assumption that a Special Resolution always gives rise to a Special By-Law (SBL), because unless those are drafted and registered in-house (for the princely sum of $102), the services of a Legal Professional can make that an expensive assumption.
You’re right about the need for blanket SBL to cover works that change the Common Property. In fact as I think I’ve mentioned before, we’ve had to do that and go a step further by linking that SBL to a Register of Changes and Additions to Common Property that shows all works that the Owners Corporation has consented, including those it has itself undertaken.
If works aren’t shown on the Register, then the SBL states that they’re un-consented and that all maintenance and repairs of them is the responsibility of the Proprietor from time-to-time of the Lot concerned.
As an aside, I’m continually surprised by the fact that intending purchasers of Lots in our Plan very rarely commission a Strata Search in order to, amongst other things, identify any consented and un-consented works that have been undertaken on the Lot. To address the issue, I’ve begun including any consented works shown on our Register at Item 18 (“other items”) on the S109 Certificates that are routinely requested; can’t do much more!