Question: Before I owned my apartment, another lot owner was given exclusive use of common property. The area is quite large and I’m perturbed I no longer have access. Is there anything I can do?
Answer: While it is difficult, it is not unheard of that an exclusive use by-law be repealed.
It is unlikely the exclusive use owner would consent to the by-law being repealed, however, the Tribunal has powers to prescribe repeal of a by-law, if for example, an owner has unreasonably refused to consent to the terms of a proposed common property rights by-law, or to the proposed amendment or repeal of a common property rights by-law.
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