Strata corporation does not require an owner consent for window installation.
Dear Tony:Last year at our AGM, we approved the installation of new windows on the first floor of our building, largely in part to the fact that most of the windows were not egress compliant with the building code, even when they were installed as a part of our leaky condo remediation over 20 years ago.
The cost to replace these windows came out of the Contingency Reserve Fund. The windows were ordered after the AGM, but delivery and installation have been delayed due in part to material and manpower.
Now that the installer has all the windows manufactured and the affected unit owners/residents were notified of an installation date, less than 48 hours prior to the start of the installation, one owner/occupier has declined to have their new windows installed for personal reasons.
What are the options available to a Strata Corporation when an owner refuses an approved improvement to the building? Would/could a lien on the affected Strata Lot be an option for the Strata Corporation to recuperate the cost of the windows installation, when the owner decides to have it installed at their convenience, possibly in five-plus years from now or when the owner decides to sell or re-mortgage?
Keith Davis, Victoria
This is a frequent complaint when an owner obstructs approved repairs to common property or refuses access to a strata lot to address common property repairs or services.
Owners must always be reminded when they live in a strata, their home is not their castle. These are not the windows of the owner, they are common property and the strata corporation does not require an owner consent for their installation.
It is in the best interest of the strata corporation to co-operate with owners, accommodate special needs, medical conditions and security concerns, but the end result requires the replacement of the windows.
Owners pay common expenses through strata fees, contingency reserve contributions, and special levies for the maintenance and repair of common property.
The strata corporation, represented by the council, have a duty to enforce bylaws and comply with resolutions approved by the owners for the same repairs. If an owner is refusing access to an exterior element for replacement or repair, this becomes a bylaw enforcement issue if a solution cannot be reached.
The same situation occurs where owners have replaced the windows of their unit without consent of the corporation and then refuse to allow for upgrades or contribute to costs. Random and inconsistent repairs and upgrades may also contribute to future failures if not properly installed.
Bylaw enforcement or repair costs may be recovered from an owner if the bylaws permit, but they are not costs that may be liened against a strata lot. Waiting for a sale may exhaust a limitation period or most likely will be forgotten by future strata councils.
If necessary, an application to the Civil Resolution Tribunal to order the cooperation and the recovery of costs may be your only option. If successful, that decision can be registered in Supreme Court And filed on the title of the owner to secure the recovery of the costs.
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Tony Gioventu is Executive Director of the Condominium Home Owners Association.