Lawyer may be all wet when it comes to maintaining that pool
Sun
Dear Condo Smarts:
Our complex has a pool house that is a money pit for our owners.
The building needs major renos, there is extensive mould and a number of health and safety concerns.
Last year, only five of our 72 units ever used the pool.
One of those owners is a lawyer who claims that we cannot change the use of the pool because that’s one of the reasons he bought and we must maintain and repair the pool area.
An overwhelming number of our owners want to tear the building down and create more parking or remodel the building and build guest rooms and a games room.
How do we get this done? Will we be sued if we make the changes? — Ted Collins
Dear Ted:
If you keep the pool then yes, you have an obligation to maintain and repair it.
However, the strata corporation does have the ability to make significant change in the use or appearance of common property.
Such a change would require a three-quarters vote at a properly convened annual or special general meeting.
Communities change and use of common facilities changes, so before you vote, hold an information meeting for your owners to consider the options and costs of either maintaining the pool, or the demolition and rebuilding of a new facility.
The final costs may be the most influential factor and demolition is not always the cheapest option.
It is unlikely that your strata will be sued if you comply with the legislation and get the proper authority you need to make the changes, but anyone can commence an action against a strata corporation at any time over a number of issues.
If you feel the threat is real, consult with a lawyer experienced in strata issues before you make your final decision.
© The Vancouver Province 2007
