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There are 4 ground floor units in block of 4 in total. Owners of 3 units are proposing exclusive use of common backyard area for each of their units by erecting fences between them so that they each create small courtyard for each. They have also been told that it would increase the value of their lots. There is one owner whose lot is at one end of the block who doesn’t want exclusive use and in any case the block’s electrical meter box is located directly outside his unit and the meter box requires unhindered access.
Bylaw granting exclusive use is yet to be prepared but will almost certainly be passed by Special Resolution as 3 out of the 4 owners want exclusive use.
1. However, can they also insist, by way of their 75% majority, that legal costs such as bylaw preparation be paid for by the whole OC ( i.e. not just by the beneficial owners but including the sole person not benefiting from exclusive use)?
2.What if any action can the sole remaining owner not benefiting from exclusive use take to ensure that:
a) he doesn’t have to pay legal or other costs associated with the proposal such as bylaw preparation
b) he is not responsible for ongoing maintenance of the fences
c) that the proposed bylaw state that the 3 owners pay compensation to the OC for exclusive use (i.e. increased value of their lot minus cost)?
3. Would the Dividing Fences Act be applicable? For example, the lot without exclusive use is an end lot and would have the neighbour’s courtyard fence on one side.
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