Hi all in this topic thread. Just found this.
Senior Lecturer in Law, University of NSW, Cathy Sherry said in article about the current Strata Titles Act (NSW) entitled ‘How Indefeasible is Your Strata Title? Unresolved Problems in Strata and Community Title’:
Section 52, SSMA provides that an owner’s corporation may make, repeal or amend an exclusive‐use or special privileges by-law with a special resolution and ‘the written consent of the owner or owners of the lot or lots concerned’. Section 54 SSMA stipulates that such a by‐law must provide for the maintenance of the area by specifying if the owner’s corporation will continue to be liable for its maintenance and repair or imposing that obligation on the lot owners concerned. An exclusive‐use by‐law that fails to do so is invalid.
This article appeared in 2010 is on the web and easy to find: Bond Law Review, Volume 21, Issue 2, Special Property Law Edition, 8 December 2010.