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Tips for Unit Alteration Requests

Published Date
Author Laszlo Antal

Owners planning to make alterations to their Strata Lots, Limited Common Property or Common Property must always obtain their Strata Council’s approval first.

Here are some of the reasons why:

  • All areas of the building/property are insurable interests of the Strata Corporation, and it is the duty of the duly elected Strata Council to make a reasonable effort to prevent loss or damage by working with the Owners and Trades.
  • It goes without saying, losses, repair costs, increased insurance premiums and deductibles will place hardship on all the Owners.  
  • Also, when a unit sells, upgrades, betterments and any significant changes should be disclosed to the purchasers as they may take on added responsibility and may also want to purchase private home insurance on alterations.
  • Alterations to limited and common property will most likely require a formal ¾ vote of the Owners also as per “Section 71” of the Strata Property Act.

Council Members should always consider every request seriously and correspond with the Owners professionally and respectfully.  Some requests may sound unusual or even unreasonable…; Regardless, Council must treat all Owners with respect and follow due process to conclude the matter at hand properly.  As a condition of approval, Council should also obtain all relevant information from the Owner, such as:

  • Drawings and specifications of the project
  • Applicable permits & Engineering Report
  • Information of person(s)/company, performing the work (full contact information, insurance coverage, etc.)
  • Doctor’s note, if applicable
  • Work schedule, expected noise level, garbage removal, etc.
  • Signed indemnity agreement
  • Etc.

Council should also be aware, some requests could also fall under the Human Rights Code, which supersedes the Strata Property Act and the Strata’s Bylaws.  When in doubt, seek legal advice!

Owners and Council Members should note some of the relevant examples of the Strata Property Act and Standard Bylaws of the Act:

Strata Property Act – BC:

“Responsibilities of strata corporation

3. Except as otherwise provided in this Act, the strata corporation is responsible for managing and maintaining the common property and common assets of the strata corporation for the benefit of the owners.”

“Strata corporation functions through council

4. The powers and duties of the strata corporation must be exercised and performed by a council, unless this Act, the regulations or the bylaws provide otherwise.”

“Change in use of common property

71.  Subject to the regulations, the strata corporation must not make a significant change in the use or appearance of common property or land that is a common asset unless:

(a) the change is approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or

(b) there are reasonable grounds to believe that immediate change is necessary to ensure safety or prevent significant loss or damage.”

Standard Bylaws:

“Obtain approval before altering a strata lot

5. (1)  An owner must obtain the written approval of the strata Corporation before making an alteration to a strata lot that involves any of the following:

(a)    the structure of a building.

(b)    the exterior of a building.

(c)    chimneys, stairs, balconies or other things attached to the exterior of a building.

(d)    doors, windows or skylights on the exterior of a building, or that front on the common property.

(e)    fences, railings or similar structures that enclose a patio, balcony or yard.

(f)     common property located within the boundaries of a strata lot.

(g)    those parts of the strata lot which the strata corporation must insure under section 149 of the Act.

(2) The strata corporation must not unreasonably withhold its approval under subsection (1), but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.

(3)  This section does not apply to a strata lot in a bare land strata plan.”

“Obtain approval before altering common property

6 (1) An owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, or common assets.

(2) The strata corporation may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.”

We are all in this together and we must make the magic happen through cooperation!