#18300
Whale
Flatchatter

    Jan –  an Interim Order is generally put in place for three (3) months during which time mediation takes place prior to the then issuing of the Final Order.  So in answer to your first question, yes it is possible for the Interim Order to be amended via the compulsory mediation process so that the Final Order is better reflective of what’s needed.

    In order to more fully respond to your other questions, I for one need some further clarification:

    1) Who applied for the Interim Orders?

    2) What is proposed to be enclosed, the windows facing the balcony or the balcony itself?

    3) I interpret from your post that as the wall and the window therein is part of the Lot, that the adjoining balcony is also part of the Lot, and it’s for that reason that the Owners Corporation’s Lawyer advised that an Exclusive Use By-Law covering that balcony was unnecessary; correct?

    4) Why does your O/C now wish give the Lot Owners exclusive rights to the balcony when its Lawyer advised that was unnecessary?

    5) Upon what basis is your Strata Manager disputing the Orders and/or the Lawyer’s advice?

    6) Does the Strata Title Plan show anything about the ownership of the balcony-facing wall and the balcony area that’s in conflict with the Lawyers advice?

    Sorry, more questions than answers I’m afraid, but I’m a little confused about the issues.