Changing the external appearance of lots

Updated: Oct 18, 2021

Part of that enjoyment includes changing the external appearance of their lot.

However, if their home is affected by an Owners Corporation, Section 5.2 of the Model Rules requires that an owner or occupier of a lot must obtain the written approval of the Owners Corporation before making any changes to the external appearance of their lot.

But that approval that is to be obtained from the Owners Corporation is not at the sole discretion or full discretion of the Owners Corporation because section 5.2 subsection 2, of the Owners Corporation model rules, provides that an Owners Corporation cannot unreasonably withhold approval, but may approve subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.

This means that it would be prudent were required for a lot owner to obtain the necessary planning permit and or building permit and before approaching the Owners Corporation. In that way, the lot owner can present to the Owners Corporation that the changes to their lot are approved by other relevant authorities. If approval is not provided by the Owners Corporation for the external appearance change of their lot, such decision would likely be found unreasonable.

If there are questions that you may have or you require legal guidance in respect of changing the external appearance of your lot, please do not hesitate to contact RC & Co Lawyers.

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