#17343
kiwipaul
Flatchatter

    The first thing you need to do is check the CURRENT bylaws and see if their is one specifying what the rules are for enclosing balconies in your strata. If their is a generic one so long as your enclosure meets the current bylaw you can just go ahead and do it.

    OR if their isn’t a generic one are their numerous bylaws that all the rest of the owners have submitted individually to cover their own enclosure when it was done. If this is the case you will have to submit your current request in the form of a bylaw (similar to the others) and request it be approved.

    If the EC refuse to approve your request without a good reason you can

    1) Do it anyway and let them take action against you which they will more likely loose if others have been allowed the same thing. (not the ideal solution but it’s fast).

    2) Start proceeding with a conciliation and adjudication action to force the EC to give you permission. Again I suspect you would win but time consuming and costs approx $150.

    If their is no generic bylaw and no other bylaws referring to balcony enclosures it mans that they have been done without approval and you shouldn’t be denied the right to do the same. Your option would be the same as 1) and 2).

    To be fair you could advise that you will give the EC 3 months to produce a new design and if nothing is approved by then you will continue with plans you have organized (and coppies submitted to EC).