#76387
Jimmy-T
Keymaster

    This becomes difficult if the existing owners did not install the equipment and purchased the lot with an assumption that equipment on the common property (and not mentioned in a by-law) was Owners Corporation equipment and therefore maintained by the OC.

    I recall a case from several years ago where a cafe sat under a pergola that needed to be repaired.  The cafe owner said it was OC’s responsibility, as it had been installed without a by-law, and the OC said it was the cafe owners’. Using the regulations quoted above, a tribunal ruled the pergola belonged to the OC.  Within a couple of days the OC arranged for the pergola to be removed.  Cafe owner hoist on their own petard, methinks.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.