@PeterC said:
As a catch-all, our EC is proposing an amendment to our rules (aka bylaws) that would say (more elegantly) that anything installed on common property that is only for the benefit of one unit must be maintained in a safe condition by the unit owner at their expense, regardless of whether the item was approved or not, and the OC has the power to make it safe and charge them.
That seems like an excellent idea if it’s legal in ACT. But in NSW I don’t believe it would work because it conflicts with the NSW Strata Act
65A
(3) 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.
If a bylaw conflicts with a higher law the bylaw looses and your intention is to transfer general responsibility to lot owners, responsibility that the Act in NSW says resides with the strata.
My problem is with this bit maintenance of the common property concerned, in your bylaw you are not specifying which is the common property and so it conflicts with the NSW act and so is invalid.
I feel the NSW Strata Act dumps to much responsibility onto the strata for the actions of irresponsible owners.