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I need a few more facts.
Is someone saying you cannot do this?
And if so is this applying only to you?
Or is this about a by-law change, for example?
This involves using a walkway through a courtyard to enter and exit a gate to the allyway from a suite located on the ground floor. This route was used without any restrictions for years. Now a bylaw has been passed that restricts the use of the access/exit route to the hours of 8am to 7pm for any owner; in addition, the bylaw states that all visitors must be accompanied by the owner when entering or leaving through this area. This bylaw severely restricts the access to my suite either from the owner or the invitees. For example I cannot take my waste material to the bin in the alley through this courtyard after 7pm....at times I want to do that at 11pm and when I do that the council issues a fine of $200.
I feel that the bylaw has destroyed or modified the implied easement that was created over the years. Can I dispute the fines on those grounds?
I am still waiting for an answer to my question.
Yes, they did and it was approved by the required number of votes at an AGM. However, there are only 5 suites on the ground floor adjacent to the garden and gate and about 20 suites above. So the vote carried....
However, the BC Strata Act speaks to a bylaw that destroys an "Implied Easement". The access through this gate and this courtyard is definitely an easement which is used by the suites on the ground floor.
Now these suites are severely restricted as to time of access and further all invitees going in or out must be accompanied by the Owner or Tenant.
The same does not apply if an owner/tenant or invitee enters/exits through the main entry door and common hallways.