Dear Tony: Our community is a mix of townhouses and a highrise. Over the past 5 years, all of the townhouse units have installed heat pumps to replace their gas furnaces and provide cooling in the summer. This is significant as the townhouses are exposed to the south and in a heat bowl between buildings. At the time, the strata council did not deem these to be a significant change in the use or appearance of common property as the heat pumps are located on the outside in patio areas adjacent to each unit.
There have been no complaints relating to the alterations or noise and the areas are limited common property so that compounded with user agreements makes each owner responsible for the maintenance and repair of the heat pumps. Now owners in the tower are wanting to install heat pumps, but our council is at a stalemate for 2 reasons: the balconies are common property and the use and appearance is being debated as a significant change to the building exterior and common property.
We want to encourage heat pumps installations, but how do we apply a test to define a significant change?
Carolyn CR
The Strata Property Act section in debate has 2 qualifications. If it is deemed a significant change, it requires a 3 / 4 vote of the owners at a general meeting, but if it relates to electric vehicle charging it is a majority vote. At the time of the amendment, heat pumps were not included.
The strata corporation must not make a significant change in the use or appearance of common property or land that is a common asset unless there are reasonable grounds to believe that immediate change is necessary to ensure safety or prevent significant loss or damage, or the change is approved by a resolution passed at an annual or special general meeting by a majority vote, in the case of a change that is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure, or by a 3/4 vote, in the case of any other change.
The impact of a significant change may vary significantly among strata corporations and building types. It is unlikely anyone will provide a definitive answer on whether a change is significant without reviewing all the conditions of a change, impact on the corporation including appearance, infrastructure, future risks and value, and a review of the strata bylaws.
Even a bare land may have restrictions or limitations imposed by a building scheme. Strata councils generally apply a test to evaluate the installation and impact of a request to consider current and future impact to the corporation and to neighbours who may be affected. If there is a concern common property designations may limit obligation, strata corporations may consider changing those designations to limited common property, but don’t underestimate the impact of alterations to building envelopes, windows, noise factors, seismic requirements, fall protection, and future liability of who is responsible for repairs. When in doubt err on the side of owner approval, and don’t forget to have your electrical planning report completed before you proceed.
Tony Gioventu is executive director of the Condominium Home Owners Association
