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Unbeknown to us, the kitchen floor tiles of our top floor apartment are CP. We applied to renovate (and extend) the kitchen, including retiling the floor, which was approved by the OC committee. For various reasons we changed the flooring to vinyl, and the OC took it to the CTTT, who ordered the tiles be replaced (as they are CP) or that we agree on an exclusive use special by-law. Other lot owners have done similar renovations and have had special by-laws enacted to grant them exclusive use.
As the committee would not agree on a by-law and have demanded that the tiles be reinstated, tiles have now been replaced. Now the footprint of the floor tiles is slightly different to how it was before. But the committee is still demanding that we propose a special by-law. A couple of questions:
1. Is a special by-law required to cater for the new tiles?
If so:
2a. Can we add our lot number to the schedule of a special by-law already enacted for another lot for the same purpose, or is a new by-law be required for each individual lot?
2b. Once exclusive use is granted, can the tiles be removed and replaced with something other than tiles (the kitchen is exempt from by-laws about floors being covered to prevent noise transmission)?
3. It is a ridiculous situation that tiles within a lots not affecting anyone else are CP. Is there a sample by-law by which exclusive use can apply to such CP?
Many thanks.