Alterations can get messy

COMMON PROPERTY: Know your rights or contraventions can mean removal of work Tony Gioventu

Dear Tony: When I bought my home in 2005, I was told by the seller (who was the president of council at the time) that I was responsible for my limited common property garden areas around my patio.

I have a two-bedroom groundfloor unit adjacent to green space in North Vancouver and the patio is a significant part of my lifestyle.

As a result of our deprecation report and a building inspection, the strata council recently approached me and advised I had to remove the pond I had installed and that three trees I planted were either going to have to be removed or pruned significantly to avoid damage to our building.

I am refusing to remove any of the additions that I have made to the area as it adds so much value to my home. Surely, I can keep these alterations as they have been there since 2005 and I have always paid for their upkeep.

Amanda M.

Dear Amanda: I hope everyone who reads this column understands that limited common property and common property are not part of the strata lot and under the control of the strata lot owner.

It is possible that the previous owner misunderstood the designation of limited common property.

Just because someone has a deck, balcony or patio does not mean it is limited common property. As an owner, potential buyer, the strata council or the strata manager, the first task is to refer to the official documents. Those would be the registered strata plan and any amendments showing designations or changes to the property that are filed in the Land Title Registry. It is impossible to accurately enforce bylaws, allocate use of property or disclose information to buyers if you cannot provide the facts.

In your strata, the strata plan shows all of the deck and patio areas as common property. There have not been any amendments that would alter that designation and as a result, the maintenance, repair and control of these areas are the sole responsibility of the strata corporation.

If you review your bylaws, the strata must maintain and repair all common property and owners are not permitted to alter common property without the written permission of council.

At the time of your purchase, the gardens did not include a pond or your three trees and you did not obtain the written permission of the strata corporation to amend common property. It is possible the trees are a valuable asset to your strata, but they were not part of the original landscaping and council has received several complaints from owners on the second and third floors about the trees covering their balconies and blocking their view.

Common property is for the use and enjoyment of all strata lot owners and is regulated by the strata corporation. Unauthorized or informal approval of alterations to common property or limited common property almost always end badly. The most common complaints are: new plant materials such as trees, bamboo and shrubs, balcony enclosures that rarely comply with the building code, changes in doors and windows or items attached to the exterior of buildings such as ornaments, flag holders and awnings.

I suggest you request a hearing with your strata council to discuss the alterations and request formal permission to retain the work you have done. Review your bylaws closely as the strata is generally not required to grant permission for alterations to common property, so a negotiating process may be necessary and you may want to discuss this matter with your lawyer.

To enforce their bylaws, strata corporations may impose a fine, remedy the contravention by removing the alteration and recover the costs associated with the bylaw enforcement. Drastic measures of enforcement such as removing or undoing an alteration should be handled with the utmost of formality for the protection of both the council and the owner. Proper notice of a bylaw complaint and the opportunity for the owner to be reasonably heard are crucial to ensure the process is fair and in compliance with the bylaws of your strata.

Ultimately, yes, the strata can order the removal of the alterations and may seek a court order to enforce its bylaws.

Tony Gioventu is executive director of the Condominium Home Owners Association Email tony@choa.bc.ca