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  • #71926
    Ziggy
    Flatchatter

      The recalcitrant bylaw breaker now wishes to install a chair lift in their lot. Is this a minor or major renovation? Therefore, does it require approval at a general meeting of the owner?

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    • #71945
      Jimmy-T
      Keymaster

        The key questions are whether or not it affects common property and whether or not it can be seen from outside the lot.  If the answer to the first two issues is ‘no’ then it’s a minor renovation which can be approved by the committee (subject if need be to conditions on noise etc).  If the answer to either is yes, then you need a bit more thought and probably a by-law.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #71976
        Ziggy
        Flatchatter
        Chat-starter

          Thanks Jimmy. The chair lift is attached in two places to a common property wall. Therefore, shouldn’t the owner be required to have a Bylaw written and seek owners approval at a general meeting?

          I had to get a Bylaw written to attach an awning to the common property fascia of the roof. It only had two sections where it was attached as well.

          #71983
          Jimmy-T
          Keymaster

            The chair lift is attached in two places to a common property wall. Therefore, shouldn’t the owner be required to have a Bylaw written and seek owners approval at a general meeting?

            Provided this is inside the lot and not visible from outside, I’m pretty sure this would be a “minor renovation” under Section 110.  Otherwise it would require a common property by-law.

            110   Minor renovations by owners

            (1)  The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

            (2)  The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

            My question is, is the phrase “approval of the owners corporation given by resolution at a general meeting” covered by the standard delegation of powers given to the strata committee at a general meeting? In any case, they need permission subject to reasonable conditions (such as reponsibility for maintenance and repair of attachments) which may not be unreasonable refused.

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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