#12875
Whale
Flatchatter

    It sounds to me like you've put a skylight in the roof and perhaps some components of a security alarm system on the wall (like maybe the alarm siren and light); correct??

    I'll respond as if that is the case.

    So, in those circumstances you have indeed placed those items on Common Property, so what's necessary is to put a couple of Special By-Laws before a General Meeting of the Owners Corporation (O/C).

    One Special By-Law would need to permit (all) Proprietors to place skylights on the Common Property (the roof), and include relevant conditions such as the provision of Plans, Manufacturers' Specs, Builders' Details/License, Builders' Public Liability Insurance etc to the O/C prior to any works commencing, AND a statement that all on-going maintenance and repairs to the permitted works will be the responsibility of the Proprietor/s from time-to-time of the Lot/s granted permission.

    The second Special By-Law would need to include the same provisos for the placement of Alarm System Components of the Common Property, and maybe include an additional “condition” about where components may be located and the colour of those — like the O/C may not want a bright orange alarm siren box right at the front of the block!

    Special By-Laws need 75% of Proprietors to be in agreement, but that's all that would be needed IF my assumptions about what you have done are correct (Exclusive Use By-Laws are not necessary to achieve your stated objectives).

    Just keep the wording simple and unambiguous; you don't need legalese.

    Once passed, a Form for a “Change of By-Laws” (and for registering new ones) can be downloaded from the NSW Land & Property Management Authority's Web Site, and with the payment of a small fee ($90ea I think), you're done!!

    Hope this helps.