By-law not in place yet

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Forums By-laws By-law not in place yet

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    Leo 0708

    Hi Amanda


    Our OC is still  in the process of finalising our Magnesite by-law. One of the units is about to be placed on the market. The current owners seem open to having it removed before t he sale.  SC is looking to have a GM to vote on this work being done. Even though we have 2 engineering reports that advise us to remove it there are owners who do not want to.

    Does this come under the act in keeping the property in good repair? Do we need motion to specially resolve the removal of the magnesite of this unit or is it a standard motion.


    Amanda Farmer

    Hi Leo0708,

    In my view, there is no legal obligation to remove magnesite unless/until the concrete starts spalling.

    Removal of magnesite before then is in the nature of ‘pre-emptive’ repair. There is no legal obligation on an owners corporation to carry out such pre-emptive repair.

    Good question re the resolution required: if it’s not repair/maintenance then in my view a special resolution is required.

    When you have your magnesite by-law in place, things will be different…



    Leo 0708

    Hi Amanda

    The issue is that concrete spalling due to magnesite leeching chlorides into the slab could be taking place and the OC has no idea of it taking place as it is covered with by flooring.

    The two magnesite engineering reports on one of the units in the building recommend that based on what they saw in that unit the OC should have a program to  remove it from the building.


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