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Alterations to Common Property

All strata corporations in BC are required to have bylaws. If they haven't passed their own, the standard bylaws of the Strata Property Act apply. The standard bylaws require strata council approval before an owner can make alterations to common property. However, in certain cases, council doesn't have the authority to approve alterations to common property and a 3/4 vote of the owners is required. A 3/4 vote is only required when the alterations are significant in the use or appearance of the common property. What is significant is a fact dependent question and can be different for every strata corporation.

In some cases, a dispute arises over alterations to common property. In the case of The Owners, Strata Plan KAS 510 v Nicholson, 2017 BCCRT 48, the strata corporation was in a dispute with the owner over a deck extension. The strata had sued the owner (Nicholson) wanting the owner to restore the deck to its original depth and length, stating that she didn't have the pr…

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