Part 9 published on 01/02/05
Strata owner permitted to use entire roof of Strata Corporation building
The owner and the Strata Corporation had assumed that the owner was entitled to the exclusive use of the entire roof of the building. The owner had accordingly treated the entire roof area as being for the owner’s exclusive use. However, it was recently discovered that a portion of the roof was not legally contained within the owner’s exclusive use area.
Given the history, the equities favoured an arrangement under which the owner would have non-permanent right to use the additional area. The Court accordingly ordered that the Strata Corporation grant to the owner a 30-year lease of the non-designated area, for which the owner would pay $1,200.00 per year. At the same time, the owner was ordered to remove sufficient improvements (from the roof area) so as to bring the load on the roof to within safe levels.