#28667
bluehouse
Flatchatter

    david2708,

    I am not a lawyer and maybe someone will need to correct me but, as far as I understand, the memorandum is only about the reponsibility for maintaining things that already exist.

    Special by-laws cover more than the future responsibilities to maintain the alteration/addition that they refer to.  They also cover things like the standard of work, who can carry out the work, the specifics of the work (eg.location, appearance, materials.), the impact on the strata scheme over the time of installation, and the need to have any mess created made good.

    Even where you have a blanket special by-law, I assume you still need to have the specifics of each case passed by a vote.  For your example of a hot water system on common property, your fellow owners would still want the chance to vote on where you put it, what it will look like, how you get it installed, and the need to have it installed by a professional.  The memorandum has nothing to do with these details.