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This is a very long and drawn out issue that we’ve never been able to get to the bottom off so I am going to try to condense it down.
1: Original Strata Plan has a huge amount of common property in the parking basement
2: there was an amendment put through as a by-law (i think prior to any apartments selling) that granted the developer exclusive use of the common property for the time being (only allowed to be repeeled by a unanimous decision of the SC and they are still on the committee)
3: developer then, a number of years later sub-divided the top levels of the building and submitted a new Strata Plan (linked to the original but new) which now has him owning the common property that he had exclusive use over. There is no minutes from the AGM where this was apparently approved.
Where should we go from here to gain our common property back?
Please let me know if you need any further information.
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