Tony Gioventu
Province
Dear Condo Smarts: We live in a townhouse complex of 48 units.
Each unit has its own private backyard and patio area, with fences dividing each unit from its neighbours. The fourth side of the yards are not fenced, so someone can walk into our backyard.
Two owners have decided to install hot tubs in their backyards, without the permission of council and now we are being plagued with complaints from all the other owners. Council has sent these two owners a letter advising they needed permission to alter the common property and, as they did not receive permission in advance, they must remove them at once.
One of the owners went to a lawyer and we’ve received a letter advising that the bylaws don’t prohibit hot tubs, therefore we have nothing to enforce.
What can we do?
— A Strata Council in Okanagan Valley
Dear Strata Council: Adding additional furniture or portable items to areas adjacent to a townhouse that may be for exclusive use is not always a violation of the bylaws. Before you can enforce the bylaws, you need to know what is the property designation affected, what bylaw is being violated, and what are the remedies.
In your townhouse complex, like many, the building exterior is common property. The backyard is partially common property in the grass area, and the patio areas are limited common property.
While your bylaws do not prohibit the use of portable hot tubs, garden sheds, barbecues or patio furniture, they do expressly require that any alteration to common property must be first approved in writing by the strata corporation before the owner can proceed.
Both of the hot tubs installed required new 220V electrical services, drains and a gas line. These items did require written permission from the strata council and some required building permits. In this area the strata corporation has the ability to enforce the bylaws, and may consider a number of remedies, including the removal of the hot tubs if the owners do not co-operate.
In addition, nuisance complaints such as noise can still be enforced against the owners if a neighbour is being disturbed by the noise of pumps to the extent that is set out in your bylaws. If you don’t want hot tubs in your strata, adopt a bylaw that prohibits hot tubs.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. E-mail [email protected]
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