Change purpose of use of section or part thereof

One of the owners has requested to enclose their balcony and make it a sunroom. The Trustees read somewhere that you cannot change the use of a part of a section without a unanimous resolution from the owners. Is that true?

In this question, we are not going to look at an extension of the section because we already did that in a previous Question of the week.  Let’s just look at changing the purpose of use.

The STSM Act states the following in this regard.

Section 13(1) (g) when the purpose for which a section or exclusive use area is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section or exclusive use area to be used for any other purpose: Provided that with the written consent of all owners such section or exclusive use area may be used for that purpose as consented to.

So it is clear that it is not just a unanimous resolution that is needed – you need written permission from ALL owners.