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Topic
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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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I think your only reasoanble approach is to get a strata lawyer to look at the whole precess of how this chancer managed to acquire common property.’
I suspect the original by-laws giving himself the exclusive use of the common property were highly suspect.
The subsequent action of simply subsuming it into his own property is highly dubious too.
If you play your cards right, you could get the property back and have the developer ordered to pay costs. And that’s why you need a lawyer, because he will certainly have one.
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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