don’t wait .
Good advice. If you wait until the owner sells, getting this changed by the new owner is a whole other legal quagmire.
the first thing the OC should do is issue a notice to comply. Look at your bylaws but there will be one about damage to common property.
I’m not sure it’s that simple. The owners corp is entitled to decide:
- whether or not it wants this change to the outward appearance of the scheme
- who has responsibility for the upkeep of the new structure?
- whether the owner is required to compensate the OC for any use of common property
So the owner should be approached and asked to provide a by-law for the OC to consider, which would include the lot owner accepting responsibility for the structure, compensation for the OC (if appropriate) and agreement to cover all legal fees in setting up the by-law.
In the meantime make two calls – one to an experienced strata lawyer, the other to the local council as this would almost certainly require council approval.