Shop Owner said:
The discussion here is centred on an owner wanting a by law in his favour.
But what happens if an owner does not want a by law for special or exclusive use of common property and the OC wants to force maintenace repair and upkeep costs onto that owner?
The OC would be exceptionally dim to allow changes to common property without a properly constituted by-law that shifted responsibility for its upkeep to the owner who was benefitting from the change.
Can the EC or OC pass a by law conferring exclusive use of a part of common property on that owner without the written agreement and approval of that owner?
No they can't – but then, without the owner's approval, they simply wouldn't (and shouldn't ) give permission for the changes.
This section refers to the 'Proprietor' – is that an owner – are they the same thing?
Yes
Please don't use this in any print articles and protect identifiers.
We do our best not to identify correspondents. It's a shame that you want free advice that no one else should get to read. Maybe you should talk to a lawyer next time.