Couple kicks up a fuss with BC strata over townhouse patio gazebo
A BC couple tried to take on their townhouses’ strata in a legal challenge after they were told they broke the rules by building a gazebo on their patio to protect it from a chestnut tree nearby.
According to a decision posted publicly on the Civil Resolution Tribunal’s website, the couple said they had every right to put up the wooden gazebo on the limited common property patio. They also argued that the strata was wrong to fine them for doing it.
They told the strata they were going to put up the gazebo to protect the patio from debris falling onto it. They put up the structure with the help of a professional, but it was removed after it was only partially built because of a defect.
Then, the chestnut tree they were worried about was removed, but they argued that they still wanted to put up another gazebo because they said it was necessary to preserve their home from significant damage and allow them to enjoy their outdoor space during the summer months.
The tribunal did not agree.
“I find the evidence does not show that the gazebo is immediately required to ensure safety or prevent significant loss or damage,” tribunal member Nav Shukla said.
The strata argued that because the couple broke the strata’s bylaws by building the structure without written permission, they didn’t have the right to build it.
Plus, per the Strata Property Act, “the gazebo is a significant change” and therefore needed to be approved by three-quarters of the owners in the strata, the strata argued.
“The strata also argues that this dispute is now moot since it has already cancelled the fines and the Morrisons have removed the partially erected gazebo,” the decision reads in part.
“Given my finding that the gazebo would be a significant change, I do not find it necessary to decide whether the bylaws require the Morrisons to obtain the strata council’s approval because an owners’ vote and approval under section 71 would be required in any event. I dismiss the Morrisons’ claims,” the tribunal member said.
But, while the Morrisons’ lost, the strata did take a financial hit. It had hired a lawyer for thousands of dollars, but they were not unsuccessful in swaying the tribunal to order the Morrisons’ to cover the costs.
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