In the recent Condo Newsletter of August 15th, it states that “Webb Surveys have been engaged by the Board to establish the boundaries between owner’s properties and common areas intended in the original registered plan.”
The boundaries are made unquestionably explicit in the original registered plan, which is supported by Section 8 of the Condominium Property Act. As a result doors and windows are part of a unit unless otherwise stipulated in the Condominium Plan.
The commercial owner wants residents to share the substantial cost of their new front door and as well, does not want to participate in the cost of front wall window replacements of condominium units. Section 8 of the Act along with our Registered Building Plan, are legal documents which clearly designate unit boundaries and that the front door to the commercial unit is their responsibility (just as the front entrance door to residential units is the residents responsibility), and that maintenance or replacement of all front wall windows are a common expense of the building.
Therefore, any such effort to change the existing legal boundaries solely for the benefit of the commercial owner is unnecessary, a waste of money, and demonstrates a lack of respect for our residential unit owners.
It is interesting that four of seven Board members support the position of the Act and the Registered Plan, but three members do not. The Board has the majority support to maintain the status quo, and could have recognized such with a Board resolution. What happened, and why is the Board now spending residents money allowing the commercial owner to “establish boundaries” for their own benefit?
The Board must act responsibly and recognize the existing boundaries as set out by the Act and Registered Plan. Residents are not prepared to fund any such effort, and demand cancellation of this contract immediately and any related costs incurred to date, be paid by the commercial owner.