Dear Condo Smarts: Our strata corporation recently passed a special levy to upgrade the exterior of our building. The wood siding is due for replacing, the brick work needs detailing, a number of windows and doors need replacing or repairing, drainage on decks and balconies is to be upgraded, and the exterior electrical and lighting will be upgraded.
All this is work that is due for a 30-year-old building. A number of units have balcony enclosures, and I have been told by the council that my balcony enclosure will be removed and cannot be replaced. It was there when I bought 15 years ago, and I never knew there were any problems. How can I keep my enclosure? Does the council have the right to change my use of the balcony area?
Mary Davis, Vancouver
Dear Mary: Balcony enclosures, bay windows, greenhouses, porches and awnings that have been added to a strata-titled building are a very complicated issue. No two were likely installed under the same conditions. Some meet building code requirements, while others pose significant safety risks and are often a contributor to building envelope failure.
When looking at the exterior of a building, we often see balconies enclosed in glass while the unit next door is unaltered. If we review the strata records, the confusion is even greater.
Frequently, owners enclose their balconies or alter the exterior of their units without consent or consultation with council, and often proceed only on verbal consent with no verification of permission. Ten years later, a new council is faced with building repairs and there is no documentation that describes alterations permitted by the corporation over the years. In addition, some of these alterations are a significant change in the use or appearance of the common property and may require a three-quarters vote of the owners of the corporation to proceed.
Correcting the past is almost impossible, but how you proceed in the future is important for the protection of your investment and for the protection of your fellow owners. It is quite possible that due to building and fire-code regulations, replacing your enclosure is no longer possible or affordable.
The Strata Property Act and regulations, and the bylaws of your strata, set out the requirements for alterations to common property. Before you consider refitting your enclosure, adding an awning or adding a structure to the exterior, you must first obtain the written permission of the strata corporation (council).
The strata may require a number of conditions.
1. The name of the owners of the strata lot and a description of the alteration.
2. An engineer or some other professional to inspect the work and certify that it meets the necessary codes or standards, and building permits for all work.
3. Assurances of liability and Workers' Compensation Board coverage during the construction.
4. An agreement that the owner will amend the homeowner's insurance policy to increase the "betterment and improvement" coverage to include the alteration and that a copy of the policy will be provided to the strata council.
Tony Gioventu is executive director of the Condominium Home Owners Association. Send questions to him c/o New Homes section, Times Colonist, 2126 Douglas St., B.C. V8T 4M2 or by e-mail at [email protected]