I think the CTTT insists on mediation for everything except for the OC asking for a fine to be imposed for a breach of By-Laws (supported by a previous Notice To Comply). That’s what the Strata Living booklet flowchart says.
The tragedy of your situation is that common property with exclusive use rights is still common property and therefore the duty of the OC to maintain unless the exclusive use By-Law says otherwise, which it doesn’t. But that duty does not include improvements.
I would still try to have the By-Law struck out on any of the grounds previously mentioned and see what the CTTT says.
But let me play devil’s advocate for a moment.
The By-Law was made in 1975 and registered in 1979.
For 34 years, nobody complained.
You became an owner in 1994 and were aware at that time of the By-Law.
For 19 years, you didn’t complain.
Does anybody know if the CTTT has a “statute of limitations” on past strata wrongdoings?
Does anybody know if “sqatters rights” apply to strata common property?
JT has described the actions of the exclusive use owners as a “land grab”.
Isn’t what you’re contemplating now also a “land grab”, not for your exclusive use, but for everyone’s visitors?