Rules Govern Condo Renovations

Condominiums have become a very popular choice in housing in our region. Many condominiums are now designed for the later addition of enclosed balconies or patios. Our case* this month illustrates the need to carefully match the wishes of a purchaser with the by-laws, rules and regulations of the Strata Corporation, where a balcony or patio has the potential for improvement by the condominium owner.

In this case, the owners of one unit in a six unit Strata complex spoke with two council members regarding building a patio cover over the patio immediately in front of their unit. They had the impression that the council agreed to the building of the patio cover with plexiglass sides and a grey shingle roof. An adjoining owner complained to the Strata Council and the corporation passed an amendment to the by-laws requiring formal application to the Strata Council before installation of any patio cover and provided the option to the Respondent owners to replace the shingled roof with a plexiglass cover.

The patios were part of the common property of the complex but had been in the past treated as exclusive property. The court found that the cover of the enclosure was constructed unreasonably and did interfere with the complaining adjacent owners enjoyment of her strata unit. The Respondents should have complied with the resolution allowing for a plexiglass roof and were ordered to replace the roof. The Respondents were unsuccessful in claiming oppressive or prejudicial conduct by the Strata Corporation which was simply exercising its control over the common property in a more formal manner than in past situations. The court did limit the cost of the Corporation to a lump sum of $1,000.00 because of its inconsistent application of its by-laws and its attempt to gain an advantage over the Respondents by passing the by-law amendment. The Court also noted the personal animosity that had developed in this situation.

The case is a good illustration of the controlled nature of condominium living and the risk of bitter arguments developing over relatively minor but important issues to the owners of the strata units. It also shows how the strata corporations may be likely to apply their by-laws inconsistently and that it is dangerous to assume that the same kind of improvements allowed in the past will be authorized for new purchasers.

Realtors should obtain and review with Purchasers any by-laws filed or proposed, prior to writing an offer.

This article is not legal advice and a lawyer should be consulted on any specific case.

By Geord Holland

* Strata Plan NW961 v. Leal, S.C., Davies J., Vancouver Registry A961398, June 18, 1996