fictionarchitec – You would need approval for the acquisition of the common property roof space via a common property rights by-law.
From the Office of Fair Trade site is the following advice: “A common property rights by-law (previously exclusive use by-laws) may be created in instances where a lot owner may request personal use of common property for renovations or the sole use and enjoyment of the whole or any specified part of common property.
An owners corporation can only make a common property rights by-law if it has the written consent of each owner on whom the by-law provides the right or special privilege and has been passed by a special resolution of the owners corporation.
The common property by-law must state whether:
- the owners corporation is to continue to be responsible for the proper maintenance of the property or,
- impose on the owner or owners of the lots the responsibility for that maintenance and upkeep.
Any common property rights by-law must be disclosed to purchasers by vendors and a copy of the exclusive use by-law must be attached to the contract of sale.”
Be very careful with the wording of your by-law. Will your by-law specify that you will be responsible for the roof itself?
The by-laws granting exclusive use to a roof space can include appropriate conditions about the lot owner/s obligation to pay compensation to the owners corporation for the grant of the rights.
See this link for more details about compensation for the use of attic space: