@Libbylou said:
I’ll contact the strata manager tomorrow to ask for a copy of the exclusive use bylaw.
It should be included in your regular by-laws as a permanent record. Don’t you have a copy?
While it’s an exclusive use area, are other owners allowed to come up and check out the roof for any reason?
No. On the same principle that they can’t come and look at your balcony (which is common property)
… has it limited their use and enjoyment while having it as “exclusive use”? they have to have washing machines and dryers in their apartments now, rather than wash and dry in the sunshine on the roof; they can’t use the roof as a safe and secure place for children to play; and they can’t access the roof as an escape route in an emergency (up one stairs and down another). Are these reasons why they could have the “exclusive use” bylaw overturned?
Not really. The loss of amenity was part of the trade-off for which they accepted the payment of $20K.
we’re also converting the old laundries on the roof (with permission) into a second kitchen, bathroom and office, so adding value and enjoyment for ourselves. can you comment on any of this please?
If you get permission, there should be no problem.
However, if the OC feels that this was never envisaged in the original exclusive use by-law, and that you have somehow gained an advantage that they never thought you would have, there is a relatively simple formula, established by the High Court, for compensation, which I will codify as c = n – (e + x).
In this formula:
c = compensation to the Owners Corp
n = the estimated value of your apartment after the new work has been done
e = the estimated existing value of your apartment
x = the costs associated with the improvements, including actual work and materials, architect and design fees and legals.
It’s not hard to see how in your circumstances, ‘c’ could end up close to zero but it may be worth looking at this if there is resistance to allowing the work done.
One other thing about a properly constituted special resolution or common property by-law: apart from via orders from NCAT, it can only be rescinded with the written permission of the lot owner.
And thanks for changing your screen name!