Re: New neighbour removing fence in land grab

@scotlandx said:
I’m not sure how you will go on retrospective approval. The new owner bought the property with certain rights attaching to it, so query whether those rights can be displaced. As a preliminary, it is unlikely the Committee has any powers in relation to those rights, specifically I don’t think they have the power to change them. 

In relation to the manager, they didn’t have any duty to advise you. It is not that I am not sympathetic, but you should focus on reaching a resolution with the neighbour.   

The angle I’m taking here is that the area in question remains Common Property over which the BCCom makes decisions in the interests of the BC (all owners).  They have the power to approve and disapprove regardless of whether the area is for Exclusive Use.  Technically, they can approve any structure and they can disapprove of any activities to remove or install any structures on Common Property (including for Exclusive Use).  

While we will endeavour to go through the motions of a “chat” with the Committee and the owner, and even engage Mediation and Conciliation from BCCM, I doubt she will budge.  The manner in which she has gone about claiming this area and complete and utter disregard for us has demonstrated she is hardly willing to negotiate/reason or compromise.  But we will try.