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  • #58338

    I want to install a polycarbonate covering over my pergolas for weather protection. This covering was approved in 2008. In 2017 the OC approved three styles of SHADE coverings and a by law was struck. There was no mention of the previous covering. My question is does the new by law revoke the one approved in 2008?
    do I need a special privilege by law and OC now? Or can the existing bylaw be amended to cover weather as well as shade?
    Your advice welcome thanks

    • This topic was modified 1 week, 1 day ago by .
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  • #58344

    Okay, if I am reading this correctly, you have a polycarbon shading that was approved under a 2008 by-law and you want to replace it and you want to know if it would fall under the 2017 by-law.

    If the original by-law wasn’t revoked when the new by-law was approved, then technically it still stands.

    Normally in this situation, the new by-law would say “this by-law revokes by-law number XXX” or “this by-law amends …”

    An amendment to a by-law requires the same level of approval as a new by-law (a special resolution).

    However, just to complicate things, your shading may qualify as a sustainable  installation for which the by-law would only need a 50 per cent vote.

    This is what it says in the Act:

    sustainability infrastructure means changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property) for any one or more of the following purposes—

    (a)  to reduce the consumption of energy or water or to increase the efficiency of its consumption,

    (e)  to reduce greenhouse gas emissions,

    (g)  a purpose prescribed by the regulations.

    The obvious question is, if you want to replace the roof on the pergola, why do you not want to comply with the new by-law? Or did you get approval for the roof back in 2008 but not get round to installing it until now?

    • This reply was modified 1 week, 1 day ago by .

    Hi Jimmy

    the original covering was approved  by OC in 2008 for all properties.

    However I cant find a by law for it.. I didn’t install it at the time  so its a new installation. As itis my only fresh air is via doors not windows and when it rain it enters it the interiors of the apartment. Naturally I want to protect my interiors especially as its just been renovated.

    I would be happy to comply with the new bylaw if it included weather protection not just shade cover. The strata manager told me I cant put anything else up..period!

    It seems like I need to find a solicitor to write a special privilege by law .

    thanks for the additional information. I didn’t think of the sustainability aspect.

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