We have exactly this situation. Two elderly ladies were separately given approval to install a simple rail beside short, sloping lengths of path that traversed common property from their units to the main, flatter path. In the ACT, the EC can approve ‘minor’ incursions on common property where they are ‘unlikely to unreasonably interfere with the use and enjoyment’ of the common property by other residents. The rails belong to those ladies and were their expense.
However, I think this highlights a need for a new Rule (by-law). I intend to propose something along the lines of: “Unit owners are required to repair, maintain and keep safe utility connections, paths, driveways and any other infrastructure or equipment that traverses or is placed on common property but only serves or connects to that owner’s unit.”
I am hoping something along these lines would cover not only paths but sewer lines and airconditioners and such like.