The Province

Strata on hook for repairs

UNIT ALTERATION­S: New owners were not informed of agreement

Dear Tony: What happens when an owner buys a unit, and there is an alteration agreement relating to the balcony enclosure, but the strata corporatio­n did not disclose it?

We purchased our unit in False Creek two years ago and requested five years of minutes and the Form B Informatio­n Certificat­e. In March, the strata started inspecting the enclosures, and we have received a notice that we are going to have to pay $3,500 to do the caulking and repairs to our enclosure.

On the Form B, the strata did not include or identify any type of alteration agreement and the previous owner indicated the alteration was done before her time. We double-checked the minutes and there is nothing indicating any agreements; the bylaws refer only to an owner’s responsibi­lity if there was an alteration agreement.

So what happens in this case? We have been given 30 days to pay the amount or the strata will file a lien against our unit for the cost. Do we have any recourse? Geoff M.

Dear Geoff: As a condition of granting permission for an alteration, the Standard Bylaws of the Strata Property Act permit a strata to require an owner to be responsibl­e for any costs relating to an alteration to common property or a common asset. Owners are automatica­lly responsibl­e for the maintenanc­e and repair of their lots or alteration­s.

We first have to identify the type of property altered. In your case, the building exterior is shown as common property, and your bylaws require the strata to maintain and repair the exterior. The act does not permit a strata to make owners responsibl­e for the maintenanc­e and repair of common property, only costs relating to alteration­s.

In exchange for granting permission to install the balcony enclosure, the strata could have required an alteration agreement, and made the owner responsibl­e for any costs relating to the installati­on, maintenanc­e and repair of the alteration. The agreement would have continued to the next owner, had the strata corporatio­n disclosed the agreement. It is the strata corporatio­n’s duty to disclose any alteration agreements and the agreement must be attached to a Form B when requested.

As a result of failing to disclose the agreement and completing the form properly, the strata corporatio­n has likely lost its ability to recover the costs against your lot. This raises a greater problem with the strata record keeping and whether the strata has been applying this condition to everyone equally.

Unfair applicatio­n of bylaws is also a potential problem. Strata corporatio­ns are not permitted to file a lien for costs relating to alteration agreements, user fees, damages, insurance deductible­s, fines, or the costs of remedying a bylaw. Liens may only be applied for strata fees, special levies, work orders, cost of filing and removing liens, reasonable administra­tive costs and interest if permitted in the bylaws of the strata or in a resolution for a special levy.

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