@Fey Knows said:
The By-Law being proposed where I am, doesn’t mention the Owners Corporation or those who will be granted Exclusive Use needing to ‘provide maintenance’.
Then it will be invalid. The by-law must state who is to maintain the common property. Failure to include that means the owner would lose the exclusive use rights if it was challenged.
Section 144 (extract below) gives the option of maintenance being the responsibility of either the OC or the lot owner.
Any sensible OC would choose option (b), but one or the other has to be chosen or the by-law has no legal standing.
144 Common property rights by-law must provide for maintenance of property
(1) A common property rights by-law must:
(a) provide that the owners corporation is to continue to be responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the common property or the relevant part of it, or
(b) impose on the owner or owners of the lots the responsibility for that
maintenance and upkeep.