Easements

 AOLs are being imposed by fraudulent means as standard practice for no good reason and churn up legal disputes at the expense of stratas contrary to the benefit of the owners. AOLs serve no useful purpose other than industry interests that conflict with the best interests of stratas and no reasonable person would adopt or agree to in view of the full coverage provisions for Use of Property and Alterations in the standard bylaws, the provision for user fees in s.6.9 of the Strata Property Regulation, and the definitions, repair and maintenance obligations, and implied easement provisions of the SPA.

HVAC for example is subject to implied easements in s.69 providing that

69             (1) There exists an easement in favour of each owner for the provision of heating and cooling systems through any pipes or wires existing in the common property or another strata lot to the extent those systems are intended to be used in connection with the enjoyment of the strata lot,

(2) There exists an easement in favour of the owners of the common property for the passage or provision of the services and facilities existing in a strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the common property.

(3) The easements charge and burden each strata lot and that part of the common property in which any part of the services and facilities are located, and include all of the rights and obligations needed to give effect to and enforce them, including a right of entry to inspect, maintain, repair and replace the shelter, support, services and facilities.

(4) The easements may be enforced by the strata corporation to the same extent as if the strata corporation were the owner of a strata lot or the common property that benefits from the easement.