Re: Exclusive Use of Common Property not height (or depth) limited

Hi Peter,

with the registered by-law saying “This By-Law may only be amended or repealed with the written consent of the Owner or Owners of the Lot or Lots concerned and in accordance with a special resolution.” there’s no point taking it to a General Meeting to seek that special resolution as we don’t have “the written permission of the Owner of the lot concerned” – and we have, through the original passing of the proposed balconies’ by-law the stated and voted on support of all other lots.

I think it’s likely to go to the Tribunal, I’m just trying to find out if my interpretation of what is covered by the exclusive use grant is correct based on the objector’s interpretation.

Thanks

Sean