Oakville Beaver, 10 Nov 1993, p. 27

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The occupants of the (end) unit adjoin- ing mine have three cars. A year ago, the Board of Directors approved a widening of the driveway of their unit onto the common element (at that unit owner's expense) to accommodate two cars side-by-side. This year the Board approved a major expansion of the rear deck of the same unit onto the common elements (the new deck is fenced and closed off by a gate). I feel that these expansions crowd and diminish my unit in particular. As there is nothing in the declaration which allows for Dear Condofax: I live in a 15-year old townhouse which is one of 59 units. All units have single garages and driveways except one, which has a double drive as provided in the regis- tered site plan. Major expansion onto common elements off base ttn.Att Spedaw Here ST AIR FREE LIVING - $169,900 Impeccahle bungalow on large lot, central Oakville, fireplace, eat-in kitchen. formal dining, air conditioning, 4 bdrms. home CONNECT "V. 3: ANN SNGLEHURST" 844Ai061 EDNA KING' 844-6061 I DONNA MACRAE* 844.9990 I I BEV ELIJS' 84660tM46-2388 I I BEVERLY ELLIS m EDNA KING' 8446061 EDNA KING' 8445061 EDNA KING' 8446061 anuge ": L m expansion of exclusive-use elements onto the common elements, I have objected to these expansions as violations of my prop- erty rights. My objections have been met by official silence. What is your opinion of this situation? M.I. Wright Dear M.I. Wright. Yes you are -- right, that is, If you look at the Condominium Act, it quite clearly states that under Section 2.-(4) Once the declam- tion and description are registered, the con- dominium is governed by this Act. Under Section 3.-(4) It takes the agreement of all owners and those who have mortgages to change the declaration and, as you might $849,000. Location + complete renovation. Enjoy contemporary design & historic ambience - deep moldngs ceilings. UNI HOME OF THE WEEK quenor JANE LUMBERS' 844-6061 SUSAN FLYNN' 844,60tit 299 Lakeshore Road Easl,OakviI|e - m1 $169,000. Fabulous men! views from this 2-bdrm. plus den, sunken living rm, gas firrMace,tstaas. Excellent blag. pool. well imagine, chances that you would achieve such a unanimity of purpose amongst 59 unit owners is beyond compre- hension - in other words, there's always someone who is prepared to object on gen- eral principles. Schedule "C" in our description, under "Exclusive Use of parts of Common Elements" clearly states that the patio to which the units shall have sole and direct access is shown on the site plan together with the yard and parking spaces. If your description is similar then, any changes in these spaces would require a modification of the description which, in my opinion, would be extremely difficult, time consum- ing and costly hom a legal point of view and would require the agreement of all own- ers and mortgage holders. BETTY LaCHAPELLE' 8tW6061 BRENDA NEWELL' 8446061 H YCOI‘DC i,') $1,495/per moj$2i2,000. 3dbdrrris., end unit, fab. master bdrm. suite. California styie T/H, gas fiteplaas, ravine setting. M. CONNELLY‘IB. NEWELL' 8446061 BEBE 5&5: 144_4i0t1)1e-tt3_88c' tion, or by-laws which d Act, the Condominium declaration or the by-law declaration or the by-laws. It would appear to me that your Board is off base in permitting a variance in the widening of the driveway parking space and expansion of the rear deck of the unit you refer to.lf this matter is of continued con- cern and you wish to have the areas retumed to their original sizes, then I would recom- mend you contact a lawyer who is suffi- ciently experienced in condominium law for a resolution to your problem. Condofax welcomes your questions about condominiums and can be reached through the Oakville Beaver at 467 Speers Rd., Oakville, Ontario L6K 3S4 or by calling 521-8144. .onal finishes, rare opportunity. BEV ELlJS' 844-6061/8452388 PHYLUS NICHOLSON' 844-6061 ven if then FORD O'BRIEN' 8446061 RIME EAST OAKVILLE 48 k ‘ QQOF TOP GARDEN y, ty Upscale townhouses nn Street overlooking creek, s, flexible floor plans. anything in tht eptk CONNECTED m home near new bndlm.. lam. rm. 90 n Inc declara- onform to the overrides the acre on , your m m I

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