As long as the pool is open & free to use from 7am until 10pm I would not be concerned as long as he keeps his surrounds clean & tidy.

It is a communal pool anyway & closing at 10pm is pretty normal

Need to check voting rights on committee and agm. Chair cannot act unilaterally and must seek permission for all proposals especially permitted construction where a properly qualified surveyor would have to approve plus overall agreement to the operating hours of the pool.

Normally nobody uses the condo swimming pool after 10pm so i dont see what is the issue. As far as privacy is concerned, it is a communal pool not a bathtub in someone's unit. Only the guy planning to build a glass wall in his living room will lose all his privacy. 

 

It seems some residents are jealous of him. The mistake here is allowing individual residents to buy communal space, totally wrong, but court has given a verdict. In our condo, the guy on the top 25th floor was sold part of the terrace which has some common equipment like ventilation blowers, and maintenance access to it is only through his property, when he allows it!!

5 hours ago, alyx said:

Thank you for the sound advice: I agree that everyone should compromise as I am against any lawsuit.

That being said, a beginning of answer to my question, lies in the following section of the Condominium act:

Section 48. Special Resolutions Requiring Majority of Total Votes

A resolution on the following matters must have the votes of not less than a half of the total votes of the joint owners:

 

4. An alteration on or a change in the Bylaws relating to the use or management of the common property,

 

6. A construction deemed to be a change in, addition to or modification on the common property,

 

His area is not common area is it?

Just now, Yellowtail said:

 

His area is not common area is it?

Yes it is 

8 minutes ago, alyx said:

Yes it is 

I though you said that he now owns it. If he owns it, it is no longer communal. 

A shrubbery!

13 minutes ago, Yellowtail said:

I though you said that he now owns it. If he owns it, it is no longer communal. 

I misunderstood your question

of course he owns it therefore it s not communal area anymore.

Therefore the intention of the co owners to have these two areas delimited 

which, after enquiries, they have the right to do so 

7 minutes ago, alyx said:

I misunderstood your question

of course he owns it therefore it s not communal area anymore.

Therefore the intention of the co owners to have these two areas delimited 

which, after enquiries, they have the right to do so 

 

I think you can stop him from using the pool when the pool is closed, and stop him from setting the times when the pool/common area is open, but I doubt you can (and don't think you should) block his view. 

So it sounds like that you envy him for being able to watch people in the pool from his living room (which is by the way nothing uncommon, in many condo complexes half of the units have pool view, so i don't really see a problem with it), and that he could theoretically use the common area after 10pm.

 

Problem one could be solved by deciding to redecorate the common area, and simply putting something like this in front of his windows:

Thus you are not the bad guy building a wall to block his view, but just want the pool area to look nicer.

 

Problem two can easily be solved by either just not locking the door anymore, and allowing anybody access to the common area 24/7, or you could install CCTV and let security monitor it to make sure that nobody is using this area.

Sounds to me like you and others object to him having private access to the pool after 10:00pm, and gaining that in an underhand manner and I don't blame you.  Is there another way (external stairs perhaps) where you could access it and spoil the party?

On 11/25/2020 at 12:42 PM, alyx said:

By the way, there are 150 + owners in the building of which 99% are taking the same stance as I do. That would make a lot of jealous people (not impossible, mind you )

Simple then. Vote him out as chairman at the next AGM and the new committee can really stick it to him.

I see a bigger problem with the Chairman having complete control over the access of the pool area between the hours of 10 PM and 7 AM. If he is the only one that can lock and unlock the pool area, what happens when he is away? What happens if he sleeps in and doesn't unlock the pool at 7 AM? I strongly suggest that security be allowed to control the locking and unlocking of the pool area. It doesn't make sense to allow the Chairman to have complete control.

Please continue in the new topic running here:

 

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