Dear Tony: Our strata council is being harassed by an owner who has purchased an electric vehicle and is now demanding that we upgrade our electrical facilities in the parking garage to accommodate a charging station.
Our strata council has been quite reasonable about investigating options for installation, but unfortunately, we have a number of obstacles that make this installation prohibitively expensive.
All the parking spaces are limited common property. We have eight guest parking spaces near the main entry that are always used for visitors. The owner’s parking space is located the farthest possible from our electrical room and there is insufficient electrical service at his site.
Even if we get a grant for the station at his location, the electrical upgrades will cost close to $45,000, including permits and construction.
The owner is insisting that we have to accommodate him, but our council does not have the authority to approve the electrical expense and has unanimously refused to pay for the installation. The consensus in our building is that owners will not approve the cost for the electrical services.
The owner has threatened to take the issue to the Civil Resolution Tribunal. Do we have on obligation to accommodate this owner?
Bayview Council
Under the Schedule of Standard Bylaws and virtually all amended strata bylaws across the province, a strata corporation must act reasonably when it receives a request from an owner to alter a strata lot.
However, it does not have to grant permission for an alteration to common property. It could become complicated if the strata corporation had granted permission for similar alterations to a preferred group of owners and not others.
But in your case, what the owner is requesting is a first-time alteration to the common electrical infrastructure of the building.
Limited common property is by definition of the Strata Property Act common property. When an owner makes an application for an alteration to common property, the strata corporation can approve the alteration, but it can impose a variety of conditions, including supplying complete technical drawings, permits, schedules of construction, proof of insurance and an alteration agreement where the owner must cover all related current alteration and future operating costs.
If the alteration is possible, but the result might be a significant change in use or appearance of common property or a common asset, the strata corporation will be required to convene a general meeting and approve the alteration by a three-quarter-vote resolution.
Whether it is the installation of a skylight on a townhouse, change in retaining walls/drainage systems in a bare-land strata, or a change to the infrastructure or outside of an apartment or highrise building, it is in the strata corporation’s best interest to maintain close control over the construction.
Owners often cut corners on construction cost, leaving the strata holding the bills when they sell and move. Strata corporations and managers frequently believe that when a common area is altered, it becomes the responsibility of that strata lot. Not correct.
Altered common property is still common property and must be maintained and repaired by the strata corporation.
Alteration agreements may only require an owner to pay for costs related to the alteration and future maintenance and repairs. Strata corporations can adopt rules that set rates to recover the costs of the operation and electricity of charging stations.
In addition to significantly reducing greenhouse-gas emissions, electric vehicles reduce emissions and noise in parking garages, which affects the climate of our homes.
Before you bring an electric vehicle home to your strata, confirm in writing with your council that installation and maintenance of a charging station is possible.
For more information on electric vehicles, or for a step-by-step guide on managing an EVSE (electric vehicle supply equipment) alteration, go to choa.bc.ca and search electric vehicles.
Tony Gioventu is executive director of the Condominium Home Owners Association.
