NSW Property Law By-Law amendments and owner rights

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31 July 2017
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A question in relation to owner right and by-laws.

It appears that many years ago, the glassed enclosure verandas/sunrooms and pergolas were approved by the local Council and Body corporate but no registration of the renovation as owners responsibility was made.

This has grown over time and a number of owners have installed pergolas and glassed in sunrooms. The glassed in verandas, pergolas etc are currently managed and maintained as part of the common property.

Can the body corporate now pass a by-law to remove them from the common property and make them the individual owner's responsibility? I am concerned that this may be viewed as removing the existing rights of those owners with these additions.