Dear Tony: I submit a request to the strata council of our apartment building for permission to install a split face air conditioner.
During the summer season, the south facing unit is extremely hot and there is little ventilation.
The strata council have denied my request because I am not the owner of the strata lot, but the owner of the strata lot is my uncle and I am a family member not a tenant.
Am I required to have my uncle make the application and request for the alteration?
The strata council refuse to respond to any other requests. As a family member am I not granted the same rights as an owner? Charlie F.
Dear Charlie: There are two considerations for the strata council when approving alterations. The terms and provisions set out in the bylaws of the strata corporation and the person who is making the application.
Most bylaws require an owner of a strata lot to make the application as the owner must also agree to any terms and conditions of the alteration, including all related costs and liabilities.
Whether you are a family member or non-related occupant there is still at tenancy relationship. Unless an explicit delegation of authority has been created for the tenant as a family member by the owner of the strata lot, the strata council will insist on the owner making the application.
The owner of the strata lot will also be ultimately responsible for any losses, including the potential cost of an insurance deductible in the event there is a claim on the strata insurance where the owner of the strata lot is responsible.
This could and has historically been caused by alterations to electrical or plumbing resulting in a flood or fire. The deductible amounts can easily reach $100,000-250,000.
The same conditions will apply to a lease hold commercial strata lot where the lease hold tenant is permitted to undertake improvements to the strata lot, but they will still require the owner of the strata lot make an application to a strata council for an alteration to common property.
Owners of strata lots may grant permission for the application and alteration; however, I would recommend they approve all the terms and conditions of any alteration before approval.
As a property owner, you may be left with a disastrous series of liabilities. Before any such alterations, contact your insurance broker to confirm your coverage. As the property owner you are the last line of recovery.
Tony Gioventu is executive director of Condominium Home Owners Association
