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PJ – thanks for your response, and YES the end of my second para (post #2) should have read “remains lot property”; now corrected, sorry.
You’re also correct in your assessment that a special by-law resolved by your Owners Corporation in this situation is subordinate to the provisions of the Strata Schemes Development Act, and cannot impose upon the Owners Corporation any responsibility for maintenance of lot property unless that work is done under the terms Sect 63 of the Strata Schemes Management Act (SSMA); that is at cost to the lot owners concerned.
When you state that the motion to register the special by-law was decided by “a majority” of those present and entitled to vote at the applicable General Meeting, was that as required ≥75% in favour by unit entitlement?
If not, then that would give affected owners further grounds to seek Orders invalidating the resolution under Sect 153 of the SSMA.