#18748
kiwipaul
Flatchatter

    Thanks Whale I understand that better now.

    According to the act: Section 65A

    (4) A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless:
    (a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
    (b) the owners corporation makes such a by-law.

    So any ordinary resolution by the OC or EC is meaningless if it grants lot owners permission to change the common property and so the OC can ask the lot owner to return it to it’s original state. Surely this obligation would extent to a new owner as well (in dech case) as no permission was granted by the OC (just the EC) and the OC is only obliged to maintain the original structure (unless it properly authorized the change and accepted responsibility).

    The only time the maintenance should fall on the OC would be if the lot owner had a SR passed but didn’t register a bylaw.