Location of AC unit pits strata against homeowners in B.C. legal fight | Daily Hive

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A pair of homeowners had to take an issue they had with their strata over the placement of their AC unit to the BC Civil Resolution Tribunal.

The homeowners claimed that in 2022, their strata initially approved the installation location of an AC unit in common property, adding that the strata later asked the homeowners to relocate it to limited common property.

“They seek orders that the strata pay the cost to relocate their AC and repair the building’s exterior siding, which they value at $2,650,” the tribunal decision posted online states.

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In response, the strata said the homeowners were responsible for paying the costs to relocate the AC unit because they didn’t “properly obtain the strata’s approval to alter common property before installing the AC.”

The strata requested that the tribunal dismiss the case.

On Feb. 7, 2022, the homeowners emailed the council president for permission to install a new furnace and AC. In the email, they asked to install the AC on the common property net to their unit, adding that the installation would require access to a wall. The homeowners submitted a photo of the intended location for the AC.

On Feb. 28, 2022, the council president informed the homeowners that their request had been approved.

The strata tried to convince the tribunal that text messages and emails exchanged with the homeowners did not constitute approval, but the tribunal disagreed.

“The strata says text messages do not constitute official permission because permission must come from the strata manager. There is nothing in the SPA or bylaws that support the strata’s position, and I have already found that owners can communicate directly with strata council members. I also agree with the applicants that text messages are an acceptable form of correspondence,” the tribunal decision says.

The strata also claimed that homeowners needed to sign an “Assumption of Liability Form,” but the tribunal pointed out that specific bylaws regarding the case did not require that form.

When the homeowners had the AC installed in April 2022, the tribunal stated that there was no evidence of anyone objecting to the location at the time of installation.

The homeowners argued they did nothing wrong when they installed the AC on common property, and the tribunal agreed.

After reviewing all the facts of the case, the BC Civil Resolution Tribunal issued several orders related to the strata regarding the location of the AC unit. First, it ordered the strata to pay for the homeowners’ tribunal fees of $225 within 14 days of the decision. Within 90 days of the decision, the tribunal ordered the strata to hold a meeting to propose a vote to approve the AC’s current installed location.

“The resolutions must be clear that the strata is responsible for all costs related to the removal or relocation of the AC,” it said.

If the strata doesn’t approve the current location, then the tribunal said that “the strata must have the AC removed from common property or relocated to the patio within 90 days of the general meeting, depending on the vote’s outcome.”