By Laws – can they change who pays what?

I live in a 100 lot scheme.  Some flats are air-conditioned, others not. There is a central aircon system with individual air handling units in each airconed flat.

Some years ago a by-law was passed that purported to have all aircon running costs and maintenance costs paid only by those owners that actually had aircon installed.  So far, this has been acceptable to most people (and has delighted those that didn’t have arcon and now don’t have to pay) but has greatly irritated some owners that have aircon but choose not to use it.

The central aircon plant is coming to the end of its useful life.  The cost to replace it will be substantial, maybe $200,000+.  So there is now a proposal being mooted for a new by-law.  The effect of this would be to:

• Allow owners that don’t use with aircon to decide to have their systems disconnected.  These owners would not pay anything towards the cost of replacing the system to which they have had access for many years
• Those owners that chose to remain connected would bear the cost of replacing the central aircon plant

I believe it is wrong that owners that have had access to the aircon system all along can just stop contributing to costs when the system needs replacement.  If the proposed approach was to be extended to its logical end there would be a turnstile on the lift and at the entrance to the gym! I would greatly appreciate any comments people may have about the legality of all of this, or where I should begin to look.