If you’ve ever lived in a building run by a strata council, this story will resonate with you.
A recent B.C. Civil Resolution Tribunal ruling details how hard it can be to get things done in your condo. The ruling covers a building in the UniverCity development on University Crescent on Burnaby Mountain in which the strata was blocking an owner’s efforts to renovate her bathroom. This included the owner asking for permission for a plumber to access a common area crawlspace to complete the work.
The strata was worried the work, including shutting off the water for about an hour, would lead to exploding pipes. It considered the reno an “alteration” and so the owner took them to the CRT for some relief.
The case brings up a lot of issues, including if someone trying to renovate their bathroom violates a building’s bylaws by being an “alteration.”
According to the CRT ruling, the owner “intended to make some repairs to her strata lot bathroom. She asked the strata for access to the common property crawlspace below her strata lot for her plumber to temporarily shut off the water. The strata determined that the work was an ‘alteration’ within the meaning of its bylaws and required (the owner) to complete an assumption of liability (AOL) agreement as a condition of approval. (The owner) refused, taking the position that the AOL agreement put too much responsibility on her, and the work did not require strata approval in any event.”
The owner asked the CRT to force the strata to allow her plumber to access common areas in the building, but the building said it would only do that with the signed AOL.
According to the CRT, the issues in this dispute were:
- Is the owner’s proposed work an alteration that requires approval under the strata’s bylaws?
- If the work required approval, was the strata’s condition of approval that the owner sign the AOL agreement significantly unfair?
- What remedy, if any, is appropriate?
According to the CRT, the owner wanted to install a new bathtub, walls, tiles and replaced a “deteriorated” portion of the floor under the tub.
The AOL that the strata wanted the owner to sign, included concerns that the water shut-off by her plumber could lead to pipes bursting.
“(The owner) was concerned that paragraph 6 appeared to make her responsible for repairing damage to common property pipes and to other strata lots if common property pipes burst,” said the CRT ruling.
The strata was adamant that the AOL be signed and the owner said that was unreasonable.
“She says as an owner, she has a duty to repair her strata lot and a right to access common property,” said the CRT ruling, while “the strata says the bylaws empower it to require owners complete the AOL agreement.”
So, how did the CRT rule?
“It is clear from the bylaws that (the owner) must repair and maintain her strata lot,” said the CRT. “It is also clear that many alterations to the strata lot require the strata’s written approval.”
The ruling said, however, that the strata had exaggerated the risks involved with shutting off the water.
“I do not accept the strata’s argument that shutting off and turning back on the water supply is an ‘alteration’ to plumbing or piping,” said the ruling. “It is undisputed that the water only needs to be shut off for about an hour, so the disruption will be temporary.”
“In all, I find (the owner’s) proposed work is not an alteration within the meaning of bylaw 7.1. As a result, the strata has no authority to insist that (the owner) complete the AOL agreement.”
The ruling ended up ordering the strata to allow the owner’s plumber to access the common areas needed to shut off the water.
I do have empathy for the strata and agree that it should make efforts to protect the building, but this case definitely felt like an overreach when it was just shutting off some water for an hour.
Follow Chris Campbell on Twitter @shinebox44.
