I would not agree to paint the extension.
There are several reasons for my decision:
(1) The by-law removes from the OC the responsibility for all maintenance of the extension, including the exterior painting.
(2) Nothing in the by-law states that the OC is responsible for making any contributions to the maintenance of the extension. If the owner had wanted financial assistance from the OC then this should have been written into the by-law.
(3) The existing paint on the exterior should be in OK condition given that it was only painted 5 years ago. The owner of the extension should not be compelled by the OC to repaint at this stage.
(4) The repaint of the other parts of the building is not a significant colour change from the existing colour scheme on the extension so the extension paint colour should be allowed to remain as is.
(5) The owner of the extension should only be compelled by the OC to repaint the extension when painting is required as a condition on their maintenance obligations. Depending on the quality of the paint used this may not need to occur for another 10 years.
(6) When painting of the extension is required to be undertaken the owner of the extension should be made aware of the “Appearance” by-law (if you have it). At that time the owner should paint the extension the same colours as the common property in compliance with this by-law. The name of the paint colours should be made available to the owner of the extension to enable them to purchase the exact paint colour as that used on the common property exterior.
(7) If the owner of the extension does not believe that the OC decision is ‘reasonable’ then they have an option to dispute it.