› Flat Chat Strata Forum › By-laws and outlaws › Pergola by-law changed before I had mine installed › Current Page
Okay, if I am reading this correctly, you have a polycarbon shading that was approved under a 2008 by-law and you want to replace it and you want to know if it would fall under the 2017 by-law.
If the original by-law wasn’t revoked when the new by-law was approved, then technically it still stands.
Normally in this situation, the new by-law would say “this by-law revokes by-law number XXX” or “this by-law amends …”
An amendment to a by-law requires the same level of approval as a new by-law (a special resolution).
However, just to complicate things, your shading may qualify as a sustainable installation for which the by-law would only need a 50 per cent vote.
This is what it says in the Act:
sustainability infrastructure means changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property) for any one or more of the following purposes—
(a) to reduce the consumption of energy or water or to increase the efficiency of its consumption,
(e) to reduce greenhouse gas emissions,
(g) a purpose prescribed by the regulations.
The obvious question is, if you want to replace the roof on the pergola, why do you not want to comply with the new by-law? Or did you get approval for the roof back in 2008 but not get round to installing it until now?