Penticton Herald

Who pays for unapproved condo alteration­s?

- TONY GIOVENTU

Dear Tony: We purchased a condo in Cook Street Village a number of years ago and love our community and our neighbours. Our building is aging and it is time for some significan­t upgrade to our building.

The first priority is our aging exterior. We installed a new roof two years ago, and now we are planning on our exterior siding, doors, windows and balconies.

Over the past 25 years, many owners have enclosed their balconies and some owners have gone as far as removing their doors, windows and walls that faced onto the balcony and have extended their living rooms on to the balcony area.

Our engineer and architect have advised us that we will have to remove the balcony enclosures to repair the balconies. This is going to leave at least six owners who have made significan­t alteration­s to their units, without a wall.

As it turns out none of the alteration­s have been done with either the approval of our strata council or with proper building permits.

Half of the six owners purchased the units with the alteration­s completed by a previous owner. We are being told the alteration­s are going to have to be corrected and the enclosures cannot be reinstalle­d without a significan­t expense and building permits from the city.

Who pays for the alteration­s? Our strata never required owners to sign agreements and the units with walls removed will be a significan­t cost. — Colin J.

Dear Colin: One of the common misconcept­ions of condo owners and councils is that when common property is altered, it suddenly becomes part of the strata lot. As a result it becomes the responsibi­lity of the strata lot owner. The main reason for the misunderst­anding results from the strata council not wanting to pay for the repairs to the common property that was altered.

The Strata Property Act and Regulation­s do not permit the strata to make an owner responsibl­e for the maintenanc­e and repair of common property and strata bylaws do not override the Act unless specifical­ly permitted.

The strata corporatio­n is permitted, with the agreement of the owner, to make the owner responsibl­e for the cost of the maintenanc­e, repairs and the alteration­s to the common property. In your situation, the balcony enclosures are part of the common property balconies that are shown on the strata plan. The removal and repair of the common property exterior is a common expense of the corporatio­n; however, the removal of the interior wall without the consent of the strata be an expense of the owner, as a result of an unauthoriz­ed alteration.

The complicati­on that arises is the subsequent purchasers who may have received Informatio­n Certificat­es when they purchased, and which may or have not disclosed the alteration­s or agreements that made owners responsibl­e.

Likewise, the historic practices where some owners were responsibl­e and some were not creates problems of unfairness. Tracking alteration­s to common property and implementi­ng, maintainin­g and administer­ing agreements and records is a daunting task for any strata council.

Compound that with routinely changing council members and property managers over a number of years and it is unlikely the most organized strata council have the problem under control.

To establish who is going to be responsibl­e for the variety of alteration­s and owners I would recommend a legal opinion on your bylaws, how they were applied and historic activities relating to alteration­s.

It may be the entire cost of restoratio­n as a common expense is the best solution to ensure the proper restoratio­n of the building exterior.

Tony Gioventu is executive director of the Condominiu­m Home Owners Associatio­n To offer a question for considerat­ion write: CHOA, Suite 200-65 Richmond St., New Westminste­r, B.C., V3L 595 or email: tony@choa.bc.ca.

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