#29325
Jimmy-T
Keymaster

    I think your committee has got itself into a mess by thinking that 110.6 (b) allows then to include any other changes they want as minor alterations when there are limits on that, including 110.7 (c):

    (7) This section does not apply to the following work:
    (c) work that changes the external appearance of a lot …

    Since they can’t create a by-law that supersedes the Act then anything that changes the outward appearance of the lot – like French windows and, indeed, an awning – would be kicked up to the next level and would, indeed require a by-law that included your acceptance of repairs to and maintenance of the awning and the common property to which it is attached.

    I would urge them to look at passing a catch-all by-law that would include any work like yours that owners could use as an off-the-peg solution where you just added the specifics of the work you wanted to do and they were then covered by it.

    The by-law they have is open to too many erroneous interpretations and should be scrapped and replaced with an new catch-all by-law and a non-exhaustive list of items to which it might apply.

    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.