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An owners corporation proposes to take responsibility for the repair, painting and replacement of some existing privately owned pergolas in the complex by the passage of a by-law using s65A of the SSMA “….for the purpose of improving or enhancing the common property”.
s65A(1)(a) of the SSMA refers to making additions to the common property. Any views on whether such action would be a valid addition to the common property?
s65A(1)(b) of the SSMA refers to the alteration of the common property. I believe that this section refers to the alteration of something which is already common property and not altering the common property by adding something to it. Any views on this thought?
s65(1)(c) of the SSMA refers to the erection of a new structure on common property and this could hardly be relevant?
