@Paddy said:
Can we propose a by-law, to be voted on at the AGM in 3 weeks time, which states that any previously unauthorised additions to common property are now the present owner’s responsibility to maintain or replace? It would seem possible provided 75% approval.
Not really, at least, not without the written approval of each of the owners concerned.
Under section 108 “a special resolution that … provides that the ongoing maintenance of that common property … is the responsibility of the owner has
no effect unless … the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner …”
In other words, you can’t pass a by-law imposing responsibility for the maintenance of a privately owned property, currently on common property, without the owners concerned agreeing in writing.
So you could get them to agree first, then pass the by-law required to make it official. Or you could, possibly, in theory, pass a catch-all by-law and then get owners to sign up for it (with the threat of losing the installed property if they don’t).
Either way, you don’t have time to do it before your AGM – but you could pull something together and have an EGM once all your ducks are lined up.
I think you need to talk to a lawyer, either way.