Tony Gioventu
Province
Dear Condo Smarts: Our strata is a unique design in that we have a central courtyard, into which all 82 units face. In the cool periods and winter it is a warm, quiet safe area for our residents to spend time, but during the recent hot spells, it has become unbearable. The real problem is there is no air circulation, mainly due to the large canopy of trees that now grow in the courtyard. To compound problems, 14 owners have installed window-type air conditioners in their courtyard windows. Everyone is now complaining about the heat generated by them and the constant noise in the courtyard. A group of owners has raised a petition to force the removal of the 14 air conditioners, citing the noise and nuisance of the window units, and claims that they are a change to the common property that requires the approval of council. On the other side, we have several owners with health concerns who could not survive in their units without the air conditioners. Our bylaws do not prohibit air conditioners, and these are simply set in the windows without any alterations. I’m afraid we’re in the situation where no matter what we do, no one will be content. Any solutions would be welcome.
— Martin Reid, Delta
Dear Martin: One of the great benefits of the West Coast is our moderate climate. As a result, very few residential buildings have air conditioning systems built in.
With the recent heat waves, and the reduced air quality from the forest fire smoke, a cooler, filtered indoor climate is critical for anyone with associated health problems. As a result, our offices have been inundated with complaints about noisy air conditioners and their installation causing damage to buildings.
The strata council has an obligation to enforce their bylaws, but they may also have an obligation to some extent to accommodate residents who have special needs that arise from health issues or disabilities.
Therein is the tricky balance they have to satisfy. The real impact is what must be assessed. Is it a nuisance because an air conditioner is operating in a home and limits my quiet enjoyment of the common courtyard, or because someone has cut a hole in their townhouse to install an air conditioner, or because the air conditioner is mounted in a window next to your bedroom and runs noisily all night? Each circumstance may be a nuisance or bylaw violation, and each requires the council to assess the facts to determine if there is a potential violation, and what the solutions or remedies may be.
When conditions are extreme, it will require tolerance and co-operation for all owners. Communal living does mean we have to put up with each other’s basic needs at times.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. E-mail [email protected]
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