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I was very silly and went through past meeting minutes as part of our by-law review. I found resolved motions for by-laws that were never registered. An example is a sky light resolved and installed by an owner in 2008. When I brought this to the attention of owners and manager (SM) at a meeting it was put in the too hard basket as the SM wanted all documents resubmitted.
Is there a motion or by-law that says all works previously conducted by owners affecting common property are the responsibility of the owner… or something to that effect I can put forward at the next AGM? Or should I put my head in the sand
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The problem with putting your head in the sand is that as soon as something goes wrong with the skylight, the owner will come to the Owners Corporation asking for them to fix it, as it’s on common property. At that time you could play nice and shrug and fix it, or play “legal” and say “well, the OC doesn’t want the continuing expense of a skylight so we are going to board it over.”
Either way ugliness ensues. As long as the OC understands their liabilities in the circumstances, and the owner the risk, that’s fine. But if you want to avoid potential problems, get bylaws registered. Although a strata lawyer will probably tell you differently, there’s nothing too complicated about them… is there an example of an exclusive use bylaw already in the scheme that you could crib? Does your Strata Manager have a pro forma one you could use? The Land Titles Office will assist with registration procedure. Knock one up and no one can say then that it’s too hard.