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23/11/2022 at 9:01 am in reply to: Committee waiving by-law requirements for hard floor installation #66324
Hi Jimmy
Thanks very much for your response. which all makes sense.
One clarification. In your sentance ‘If the owner did want to pursue them for compensation, they’d have to prove that they knew the effect of the by-laws but decided to ignore it.’, Is ‘they’ the committee members or the owner who would have to prove…? Our committee members certainly understand what they are doing when they override the bylaw and there are plenety of emails to prove it.
Some of our committee members see bylaws as a guide on how things ought to do be done but which can be ignored for expediency or self interest.
Apologies for the delay in responding, I am new to this forum and assumed that I would receive notifications. Thanks to all that have reacted to my post.
I attach our current by-laws related to flooring. The by-laws that are being infringed are 21(1) and Special By-law 1 Floor Coverings C (iii), C(iv) and C(v).
I cannot find any by-laws providing the OC with the discretion to approve actions contradicting the by-laws.
I am not personally concerned with a particular replacement. I am a strata committee member and am concerned that the committee is failing to require applicants seeking to replace carpet with wooden floors to comply with the by-laws. Some approved replacements have led to significant increases in noise transmission that interferes with other residents including, ironically, another Committee member (not me)!
When I have pointed out that the Committee is approving non-compliant processes and floorings, the responses have included:
- If we refuse the application it will inconvenience the applicant who is in a hurry / the flooring company has been booked.
- The acoustic reports required by the by-laws are costly and will result in delays.
- The Committee has approved applications like this in the past
- If we make the process difficult, other owners will install floorings without seeking Committee approval and that will be worse. (I understand that about one third of floor replacements in our scheme are being done without approvals, and sometimes with the knowledge of Committee members.)
I am then out-voted and the application approved. I do insist that my objection be recorded in the minutes.
This is why I have asked the two questions: (I) What recourse does an aggrieved neighbour have? and (ii) what risks are the approving Committee members taking? The answers to either or both of these questions could provide an incentive for the Committee members to be more cautious and considerate in their decision-making. It might also help us redraft the relevant by-laws.
Thanks for any comments and responses to the two questions.
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