Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation?
Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however, she then drilled into our balcony. She has attached two awnings to our balcony without any consent from or the owners corporation.
Is she allowed to do that? Our balcony is included in our allotment, but the owners corporation is responsible if there’s any structural issue with our balcony. What course of action can we take? What if the awning attachment causes any future damage to our balcony?
Answer: If the downstairs neighbour received the proper approvals, she would likely be responsible for any loss or damage caused to the lot and common property including yours.
If the downstairs neighbour received the proper approvals, she would likely be responsible for any loss or damage caused to lot and common property including yours. She would have required a by-law in which case you would have been notified of an upcoming meeting to consider same. You should carefully review her approval to determine whether or not she obtained proper consent and whether or not she has exceeded the scope of her stated works.
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