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I remember reading an article on the site many years ago about a unit that had claimed via a fence an extra part of the ground floor space as for their courtyard. Something along the lines of a un-used walkway. This space was claimed for years, then the property was sold. Some time after selling, the Body Corp tried to reclaim this extra space but was rebuffed on the ground that their chance to object was years ago when the original fence went up. Specifics are a bit fuzzy, but something along those lines.
I’m now facing a similar issue. Unbeknown to me, apparently I’ve been using space that was deemed common property. I bought the unit 10 years ago, and the objection has only come up in the last year. When I purchased the unit the extra space was presented as belonging to my unit. It was a selling point that was mentioned.
What are my obligations here. My understanding is that, if they objected to this, they should have objected when the previous owner made the change. And that their window of complaint has now passed.
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