#76387
Jimmy-T
Keymaster

    This becomes difficult if the existing owners did not install the equipment and purchased the lot with an assumption that equipment on the common property (and not mentioned in a by-law) was Owners Corporation equipment and therefore maintained by the OC.

    I recall a case from several years ago where a cafe sat under a pergola that needed to be repaired.  The cafe owner said it was OC’s responsibility, as it had been installed without a by-law, and the OC said it was the cafe owners’. Using the regulations quoted above, a tribunal ruled the pergola belonged to the OC.  Within a couple of days the OC arranged for the pergola to be removed.  Cafe owner hoist on their own petard, methinks.

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