In British Columbia, strata lot owners are required to get written approval from the strata corporation before making any changes to common property, limited common property (LCP), or common assets, as per Standard Bylaw 6. Courts have ruled that failing to obtain prior approval is a severe violation of an owner’s responsibilities under the bylaws. For example, in Strata Plan VR 390 v. Harvey (2010 BCSC 715, para. 23), alterations without approval were classified as “fundamental and flagrant” breaches.

Discretion of Strata Councils in Approving Alterations

The decision-making authority regarding alterations lies solely with the strata council. While Standard Bylaw 6 doesn’t prohibit the council from withholding approval unreasonably, the council must act in good faith as per Section 31 of the Strata Property Act. They also need to avoid actions that could lead to accusations of unfair treatment under Section 164. If similar alterations have been approved for other owners, denying an application without proper justification may hold the council accountable. This principle was highlighted in cases like Doig v. Strata Plan VR 1712 (2017 BCCRT 36), where the council’s decision regarding a hot tub installation was scrutinized, and in Simon Fraser University Foundation v. Strata Plan BCS 1345 (2021 BCSC 360), where a refusal for an air conditioner installation was upheld despite limited reasoning.

Significant Changes to Common Property

When an alteration significantly impacts the use or appearance of common property, the strata council cannot make the decision alone. Under Section 71 of the Strata Property Act, these alterations need approval from three-quarters of the strata lot owners. Courts have intervened when councils acted unfairly, as seen in Dollan v. Strata Plan BCS 1589 (2012 BCCA 44), where the rejection of a window alteration was deemed unfair, and in Foley v. Strata Plan VR 387 (2014 BCSC 1333), where a court ordered that significant decisions be put to a general vote.

In-Suite Appliance Installations

The strata council’s authority also includes alterations to common property required for in-suite appliance installations. In Wilchek v. Strata Plan VR 55 (2017 BCCRT 67), the council’s refusal to approve a washing machine installation, based on concerns about the building’s plumbing, was upheld by the tribunal.

Municipal Regulations and Permits

Strata councils typically require owners to obtain building permits and other municipal approvals before granting permission for alterations. Challenges arise when proposed changes conflict with zoning regulations or land use contracts. In Kaufmann v. Strata Corp., Strata Plan 770 (2008 BCSC 863), a court initially approved an alteration that encroached on common property but complications arose when zoning restrictions required a rezoning application.

Conclusion

Strata councils hold considerable discretion in approving alterations, but they must exercise this authority in good faith and comply with legal obligations. Significant alterations require broader approval from the ownership, and when disputes occur, courts assess the fairness and legality of the council’s actions, intervening if necessary.

This overview underscores the importance of adhering to established procedures for common property alterations, ensuring transparency and fairness for all parties involved.Navigating the alterations in a Strata requires careful consideration of statutory provisions, legal precedents, and bylaws. While Section 195 outlines principles for expense sharing, ambiguities in interpretation pose challenges for both strata corporations and section owners. In conclusion, regardless of where you are located in British Columbia—be it Vancouver, Burnaby, Surrey, North Vancouver, Langley, Abbotsford, or Coquitlam—our strata law firm, led by the expert strata lawyer Burak Dukkancilar, is exceptionally equipped to handle your strata law needs. Burak Dukkancilar is renowned for his deep expertise in the strata law area, providing knowledgeable and effective solutions for every strata-related challenge. As a dedicated strata lawyer, he and our team are committed to delivering comprehensive legal support tailored to the unique dynamics of communities across BC. Trust in our specialized skills to navigate and resolve your strata matters with the highest standard of professionalism and care.