Enforcing breach of by-law after more than 3 yrs?

Hi all,

I have owned (and lived in) the same apartment unit for more than 3 years now, and recently received a letter from the Executive Committee which:

(a) notifies me that my air-conditioning unit has been illegally installed on my balcony, and

(b) demands that I relocate it by a specified date.

Now, the air-conditioning unit in question has been in place since I purchased it more than 3 years ago.

So, I have a few questions I’d be interested in hearing some feedback on:

1. The following post here on FlatChat states that there must be a complaint submitted before a notice to comply can be issued:

/forum/by-laws-and-outlaws/processes-of-by-law-enforcement/#p598

Is this correct, does the Executive Commitee really need a complaint to be submitted before it can enforce bylaws?

2. Is there a time limit on the enforceability of the alleged breach? (I say “alleged” because I haven’t yet found the specific bylaw that is being voilated.) I mean, is there a specific period of elapsed time after which the breach can no longer be enforced?

3. Is it within their rights to demand that I bear the full cost of the relocation of the air con unit, as well as any work required to remediate/restore the wall (where the air con is currently located) to original condition?

I’m just a bit annoyed that I have to deal with the previous owner’s actions. (In fact, I was specifically told by the selling agent at the time that the air con unit was approved by the Executive Committee – I should have insisted on written evidence.)

Would appreciate any feedback from anyone… thanks for reading.