Word of Advice to Condo Buyers

Condominiums are a very popular housing choice for seniors in British Columbia.

Developers and Strata Councils may allow purchasers or owners of condominiums to customize their units to suit their particular tastes. For example, many condominiums are designed for the later addition of enclosed balconies or covered patios.

In a recent court case heard in B.C. Supreme Court, neighbouring condominium owners and the strata corporation argued their points on this issue.

This case illustrates the need to carefully match your wishes with the by-laws, rules and regulations of the Strata Corporation when you purchase a new or previously occupied strata unit.

In this court case, the owners of one unit in a six unit strata complex spoke with two Strata Council members about building a patio cover over the area in front of their townhouse unit.

These discussions left them with the impression that there would be no objection to the building of the patio cover with plexiglass sides and a grey shingle roof. Once the structure was complete, the adjoining owner complained to the Strata Council that the roof obscured her view.

The Strata Council then reviewed the matter and passed and amendment to their by-laws which required a formal application to the council prior to the installation of any patio covers.

The council then gave the owners who built the shingled roof the option to replace it with a plexiglass cover.

The owners refused and the matter landed in the courts. The patios were part of the common property of the strata complex which meant that the Strata Council had the right to govern the use of and improvements upon such common property, even though the council had allowed owners in the past to treat the patios as exclusive property. This led the owners to believe they could enhance their "exclusive use" by building the structure in question.

The court found that the cover of the enclosure was constructed unreasonably and did interfere with the adjacent owners enjoyment of her strata unit.

The court found that the owners who built the roof should have complied with the resolution allowing for a plexiglass replacement.

The owners of the unit claimed that the Strata Council was prejudicial and oppressive in it's conduct, but lost that argument.

The judge did comment on the personal animosity that had developed in this situation and limited the legal cost to be recovered by the Strata Council to $1,000 due to the inconsistent application of its by-laws and its attempt to gain an advantage by passing a by-law amendment after the fact.

The lesson here is that it is dangerous to assume similar improvements allowed in the past to existing owners will be authorized for new purchasers or owners wishing to make such improvements.

You should be careful to read any by-laws filed or proposed to be filed prior to entering any contract of purchase and sale. The case we have mentioned is a good illustration of the nature of condominium living and the risk of bitter arguments developing over relatively minor but important issues.

Be sure to find out whether an area which appears to be "exclusive" is designated as common property or "limited common property".

The latter does guarantee exclusive use, but you may still require approval for any desired improvements.


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