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JimmyT, your response was informative. I’m facing a similar issue and was wondering whether the same could apply.
I live in an apartment with a private rooftop terrace (i.e. that space is part of my lot). I would like to do some renovations to the terrace – particularly, building a pergola, so that the space is usable (I’ll be engaging an architect and structural engineer). This means having to drill into walls and tiled floor (which I understand is common property), having trades use common property to access the terrace (e.g. the elevator), and potentially obstruct some views of my neighbour (the relevant views are only obtainable through my lot, and are not their primary views).
I’m anticipating the EC and the building management committee to push back or reject the application – recent experience shows that they can be obstructionist – and it appears that the majority of the EC members consist of the developer, or “associates” of the developer. I’m afraid that the EC will use “view obstruction” / “use of common property” / “not in keeping with the look of the building” arguments to knock back the proposal.
Should I take it to OFT for mediation in the event the EC / BMC rejects the proposal? What if I proceeded with construction without approval from the EC (and assuming that a DA isn’t necessary from council)?
Thanks!