Dear Tony: We live in a 26-unit townhouse complex in the Tri Cities area (Port Coquitlam, Coquitlam and Port Moody). Unlike conventional side-by-side townhouses, we have one on top of the other. Thirteen owners enter their units from the lower road to a garage, and 13 enter through the upper road into a garage.
One owner on the lower level has requested permission for a makeover of her unit that would include removal of the interior walls, creating a large open-concept area. She claims it would have no impact on any other strata lot.
The neighbours on both sides and above have opposed the request, saying the changes in the structure could significantly affect their units. The owner has threatened court action if we don’t grant her permission, as our bylaws say we cannot unreasonably withhold our approval.
What does the term unreasonable mean? There is nothing in our bylaws or the act that provides a definition, and council is concerned that whatever decision we make, we will be exposed to a possible court action from the neighbours or the owner requesting the alterations.
J.R. Winston
The schedule of standard bylaws of the Strata Property Act requires owners to obtain written approval of the strata before undertaking a strata-lot alteration that involves any of the following: the structure of the building; the exterior of the building; chimneys, stairs, balconies or other things attached to the exterior of the building; doors, windows or skylights on the exterior of the building or that front onto common property; fences, railings or similar structures that enclose a patio, balcony or yard; common property located within the boundaries of a strata lot; and most important, those parts of a strata lot that the strata must insure under section 149 of the act.
Parts of the strata lot the strata must insure include all of the original fixtures installed by the owner developer, such as the original flooring, kitchen and bathroom cabinetry and plumbing fixtures.
What often seems like a simple alteration can easily turn into a nightmare if the strata does not enforce its bylaws and impose reasonable conditions on alterations.
Before granting approval, the strata can require independent engineering reports on the proposed alterations, a detailed report on the proposed construction and any alterations, and any other conditions, such as environmental abatement in the event any asbestos is discovered.
The strata corporation can also require the owner to pay for any of the costs associated with the request, including any professional consulting costs or the cost of any legal agreements, building permits, or costs associated with construction, demolition and disposal, as a condition of granting permission.
A good question to test whether the alteration is unreasonable is whether it will have a negative impact on other strata lots, or will significantly change the use or appearance of common property or a common asset, which may require a special general meeting and a three-quarters vote of the owners for approval.
Alterations, voting procedures and hearings will be addressed as part of the spring Condominium Home Owners Association seminars.
In Victoria, the session is set for May 10 from 9 a.m. to 3 p.m. at Harbour Towers Hotel & Suites. Sessions are also being held in Courtenay (May 8 from 9 a.m. to 3 p.m. at Crown Isle Resort) and Nanaimo (May 9 from 9 a.m. to 3 p.m. at the Coast Bastion Inn). Go to choa.bc.ca to register or search “alteration agreement” guide 200-001.
Tony Gioventu is executive director of the Condominium Home Owners Association