Jimmy I never said that you’re ‘wrong’. I am just giving my point of view that’s all. You could well be right, I just see that if something isn’t currently there in existence, then it can be interpreted as being ‘adding’ to common property. Whether the structure is permanent or not does not matter, and the Act does not specify whether the structure is to be permanent or not.
Under 65A is does say ‘For the purpose of improving or enhancing the common property’. To me adding anything to common property (that isn’t a part of repairs and maintenance) comes under s65A. Pot plants in my view are improving or enhancing (beautifying) the common property, hence would not come under repairs or maintenance s62.
I guess I take this view from living in a Strata Scheme for many years, there is always one owner or a group of owners who do not want to spend a cent on ‘improving or enhancing’ any part of common property. They don’t see the value in it, which I am against, as it can clearly enhance the value of the scheme.