@pend1lis said:“On a side note: the legal advice obtained by our OC was from the same lawyers who drafted the special by-law for the 2 owners to obtain exclusive use of the common property. “
I have a problem with lawyers acting for the applicant drafting bylaws. Quite often they seem to be suburban solicitors with little or no strata experience, and in any case they are not necessarily acting in the best interests of the Owners Corporation, as there is often a clear conflict of interest situation between the Owner who wants the work done as quickly and cheaply as possible, and the Owners Corporation who wants to ensure that it is done with minimal damage and disruption to its common property.
The bylaws they draft as put to a General Meeting may not protect or indemnify the owners corporation against shoddy workmanship, cover all insurance aspects, or make the applicant fully responsible for ongoing maintenance of whatever attachment to common property has been approved.
No one (with any experience or sense) would rely on the vendor’s solicitor or engage them to also act on their behalf when purchasing a property, so I’m at a loss to understand why it seems common practice for an owners corporation to accept bylaws drafted by the applicant’s lawyer.