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Thank you Whale.
Just to clarify:
The ground floor area of the lot was increased by 40% by the renovations which extended into the courtyard of the lot. (The total building area of the lot by something less than that). This has resulted in more building to paint and gutters to replace etc. The area “intruded” into was already part of the lot (ie the courtyard). The only common property affected was to the exterior wall and wall space which varied slightly.
At the time, the OC approved the renovation and the local Council also approved it. Somewhat conveniently, the original, and still current owner, neglected to have the strata plan amended and now does not consider that the unit entitlements should be adjusted (again conveniently).
It has never been considered that the owner has had exclusive use and the room has not been used by the owner as the lot has always been rented. As stated the room basically contains roof tiles and some tiles from all units and has not even been opened for many years.
Regarding your suggestion (2), I don’t think an exclusive by-law could be granted with conditions which then gives access to the OC. This would be contradictory I feel.
I suppose because of the owners arrogance regarding the renovations and non amendment to the strata plan for 20 years and now simply saying words to the effect that ..”it’s mine and always has been and I don’t care what the strata plan says…” makes the OC just a bit reluctant to simply pass it over.
Our view (EC) is that whilst the owner is claiming part of the common property to be on his lot and disputing his own surveyors’ amended strata plan, we cannot approve the plan.
If I were in the position of the other owner I would simply say “well I recognise that this small room is actually common property and I will make an offer to the OC to purchase it”. But then again I am unfailingly reasonable and logical.