Exclusive Use Height Limit

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  • 25/04/2011 at 1:19 pm #7347 Reply | Quote
    AndrewL
    Flatchatter

      I've noticed on the exclusive use plan my wooden balcony isn't shown and sits above the neighbouring unit's exclusive use area.

      Note:

      1. I own unit 7 in the pdf plan. I'm not sure when the balcony was first built but it was before I purchased the unit.

      2. The unit 1 exclusive use area is at Level B, my balcony is at the Level C height but has columns that extend down to Level B. 

      3. There is a note that says areas are approximate only.

      Questions:

      1. Could unit 1 have a claim that my balcony has been built in the wrong spot and covers his exclusive use area?

      2. Do the exclusive use areas only extend in the vertical for each level? For example does the vertical limit of the exclusive use areas at Level B stop at the bottom limit of exclusive use areas Level C? It doesn't specify height levels in the bylaws or plan, it just says levels A, B & C on the plan.

      This is purely hypothetical as I haven't received any complaints from unit 1.

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    Reply To: Exclusive Use Height Limit
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