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Topic
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All 4 owners in our small block of units are EC members. One wants to extend their unit utilising patio space on the roof which is on their title.
The other 3 owners (EC members) have unanimously agreed to permit an extension subject to Council approval and various conditions including a limit on the size of the extension.
Does the owner wishing to extend have any legal rights to challenge the unanimous decision of the other 3 EC members to limit the size of the proposed extension and/or the other conditions required?
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It would seem that anyone can legally challenge anything these days; after all that is their right.
So the answer to your question is YES.
In order to cover that possibility, your Executive Committee (E/C) merely needs to ensure that it has properly considered and properly documented its decision to limit the size of the proposed extension, and that it can justify that decision; as an example on the basis of compliance with a By-Law (preferably) such as one relating to maintaining the building’s façade.
Mine is not a legal opinion, so if you and/or other members of the E/C are concerned, a qualified legal opinion may put your mind/s at ease. One such specialist (strata) legal firm advertises on this Forum’s Home Page.
By the way, ensure that the conditions imposed include one about the responsibility for the on-going maintenance of the extension, because in the absence of such as condition that responsibility becomes one for the Owners Corporation.