#84304
Jimmy-T
Keymaster

    And what do they plan to do if you say “No”? Hire lawyers to maybe get the Tribunal to force you? And to do what? I would be saying that the OC has inherited this problem, just as much as you have.  You are prepared to put things right – agree to a common property by-law paid for by them. Here’s the thing, they NEED you to agree to the CP by-law.  Without your agreement there’s no by-law, according to the Act.

    143   Requirements and effect of common property rights by-laws

    (1)  An owners corporation may make, amend or repeal a common property rights by-law only with the written consent of each owner on whom the by-law confers rights or special privileges.

    They could take you to the tribunal on the grounds that you have refused a reasonable request to change a by-law, except there is no by-law.

    If they want the by-law they are going to have to pay. If they want to reinstate common property, they are going to have to pay lawyers (with no guarantee of success) to force you to do it and at their expense.

    I would say, with my non-lawyerly hat on, that you hold all the cards in this and they need to start talking compromise or they’ll have to explain to all those owners (who probably don’t care one way or another) why they are spending their money on what may well be a wild goose chase.

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