Unapproved colour changes lead to dispute between B.C. homeowners and strata

Issues revolving around the colour scheme at a residential development led to a BC Civil Resolution Tribunal dispute between the strata and some homeowners in the building.

It wouldn’t be the first time we’ve seen an issue in a residential development relating to colours.

In this specific dispute, three homeowners were the applicants, claiming that the strata made decisions around a colour palette that was different than what the owners had voted for and approved.

In defence, the strata told the tribunal that it made some “minor changes” to the project in question to address budget and supply issues.

“The strata says the project is now finished and the applicants have not specified what items should be changed,” the tribunal decision notes, adding that the strata claims there’s no legal basis to request a change to the colour palette.

The tribunal didn’t see it that way.

The strata involved in the tribunal case consist of two multi-story buildings.

On Jan. 6, 2022, at a special general meeting (SGM), the owners voted to hire a design company for an interior upgrade project. The strata voted to approve the recommended “neutral and light colour scheme” that consisted of beiges and browns.

The colour upgrades were intended for the reception areas of both buildings, as well as the main lobby, a billiards area, a fireside lounge, a piano lounge and an activity room.

At an April 28 meeting that same year, the strata passed a resolution that approved the beiges and browns instead of a dark blue and green scheme.

After the upgrades, the changes included a colour scheme that was primarily grey and black, not beige and brown.

“The applicants also say that the finished upgrade should have conformed exactly to the design proposal. The applicants say the strata should provide the upgrade that was originally presented,” the tribunal decision notes.

The strata said that the finished reno conformed to the approved design intent and approved colour scheme, adding that the owners were provided with two palette options. The tribunal sided with the homeowners, for the most part.

“I find the strata cannot get approval for one design and then change the design during the construction process so that the finished product is a significant change from what was proposed and approved,” the tribunal member overseeing the case stated.

The tribunal pointed to certain rooms that featured more grey than beige or brown, thereby not conforming to the vote. In other instances, the tribunal didn’t seem convinced that the changes were that drastic.

So, the homeowners partially won their claim. For a remedy, the tribunal ordered the strata to call another meeting.

“I order the strata to call a SGM within 120 days of the date of this decision. The SGM must include a vote on the approval of the colour scheme in the games room and piano lounge. I order the strata to hold the SGM within 30 days of calling it.”

Additionally, the tribunal ordered the strata to pay the applicants $112.50 in tribunal fees.