#20422
Whale
Flatchatter

    I agree with most of that, but why would the exclusive use privilege be necessary?

    Tony’s sun screen could in my opinion be consented under Sect 65A (c), where a Special By-Law would only be necessary if the Owners Corporation wished to, with Tony’s prior consent, formally shift the responsibility of maintaining the sun screen from itself to him?

    As for a possible objection by the Owner of the neighbouring Lot, they would have an opportunity to do that at the General Meeting where Tony’s proposal must be discussed, voted upon, and consented by way of a special resolution (≥ 75% in favour by unit entitlement) if the erection of the sun screen is to proceed – as JGOWI advised the architect’s approved is not sufficient.

    If the O/C did consent to the sun screen, and the neighbour was still aggrieved, then he/she could certainly seek to have the O/C’s special resolution invalidated under Sect 153 if the Adjudicator could be persuaded that the neighbour was adversely affected; but that would be the limit of their legal rights to object in my opinion.