#25572
Jimmy-T
Keymaster

    This doesn’t sound like a 65A issue as you are not physically changing common property.

    Talk to a strata lawyer but it feels like a special resolution by-law issuing a licence to accept the donation, maintain and insure the materials, and permit them to be left on common property.

    This kind of special resolution has two built-in protections.  First it must be passed by 75 percent of owners voting at a general meeting and secondly it can’t be revoked without the permission of the donor.

    Strata law doesn’t anticpate acts of philanthropy (with strings) so this may be as good as you’ll get.

     

    Division 4 Special provisions for by-laws conferring certain rights or privileges

    51   Application of Division

    (1)  This Division applies to a by-law conferring on the owner of a lot specified in the by-law, or the owners of several lots so specified:

    (a)  a right of exclusive use and enjoyment of the whole or any specified part of the common property, or

    (b)  special privileges in respect of the whole or any specified part of the common property (including, for example, a licence to use the whole or any specified part of the common property in a particular manner or for particular purposes),

    and to a by-law that amends or repeals such a by-law.

    (2)  This Division does not prevent an owners corporation making a by-law in accordance with section 54 of the Community Land Management Act 1989.

    52   How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?

    (1)  An owners corporation may make, amend or repeal a by-law to which this Division applies, but only:

    (a)  with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and

    (b)  in accordance with a special resolution.

    (2)  A by-law to which this Division applies may be made even though the person on whom the right of exclusive use and enjoyment or the special privileges are to be conferred had that exclusive use or enjoyment or enjoyed those special privileges before the making of the by-law.

    (3)  After 2 years from the making, or purported making, of a by-law to which this Division applies, it is conclusively presumed that all conditions and preliminary steps precedent to the making of the by-law were complied with and performed.

    53   Can a by-law contain conditions?

    A by-law to which this Division applies may confer rights or special privileges subject to such conditions as may be specified in the by-law (for example, a condition requiring the payment of money by the owner or owners of the lot or lots concerned, at specified times or as determined by the owners corporation).

    54   By-law must provide for maintenance of property

    (1)  A by-law to which this Division applies 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 concerned the responsibility for that maintenance and upkeep.

    (2)  Any money payable under a by-law to which this Division applies by more than one owner to the owners corporation or to any person for or towards the maintenance or upkeep of any common property is payable by those owners proportionately according to the relative proportions of their respective unit entitlements unless the by-law otherwise provides.

    (3)  To the extent to which a by-law to which this Division applies makes a person directly responsible for the proper maintenance, and keeping in a state of good and serviceable repair, of any common property, it discharges the owners corporation from its obligations to maintain and repair property under Chapter 3.

    55   What is the effect of a by-law?

    (1)  A by-law to which this Division applies, while it remains in force, continues to operate for the benefit of, and is binding on, the owner or owners for the time being of the lot or lots specified in the by-law.

    (2)  If a person becomes owner of a lot at a time when, under a by-law or under this subsection, a former owner is liable to pay money to the owners corporation, the person who becomes owner is jointly and severally liable with the former owner to pay the money to the owners corporation.

    (3)  Any money payable by an owner to the owners corporation under a by-law to which this Division applies or under subsection (2) may be recovered, as a debt, by the owners corporation.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.