Is the problem Alberta Law or our Condo Bylaws?
Hi all, I just joined to see if anyone can point me somewhere, a resource, or maybe a lawyer (condo law) who would know the definitive answer to my question. Is Alberta Condo Law that different from BC? It seems BC Condo owners are allowed to add an upgrade even if it’s not possible to do so in other units. Such as add a Washer/Dryer and when the limits of the plumbing are reached, then requests are declined at that point. I will include the URL below to the article I reference.
With regard to asking the board to add a Washer/Dryer the article from BC states: “the building may have hit it’s capacity with the number of in suite washer/dryers that can be added, and are no longer allowing them to be installed.”
“The only way to know if your building could handle added washing machines is analysis by a plumbing engineer who would have to test the whole system. Some condo buildings are proactive and get this analysis done for the benefit of the entire building, whereas other strata require that each owner have the system checked prior to installing laundry.” Okay, so that is in British Columbia.
In my case our Condo Bylaws has a clause about treating all owners “Equally”. The Board will not entertain a request for a Washer/Dryer because they MUST treat all owners equally, it’s a no for everyone. Likewise, the electrical trunk line to the 60 Amp panel can be replaced in SOME units and COULD be upgraded to 100 Amp. But hold on, some units have a trunk line that cannot be replaced and upgraded, so any request to upgrade the former is denied. In practice this “equality” clause is actually restricting and harming owners.
I have been wondering, is it’s something in Alberta Condo Law that is different than BC’s law, or did the law firm that constructed our bylaws put it in there because they thought it was a good idea.
I tried asking our building management that question (twice) and the answer I received was something like “the law firm would make sure it conforms with Alberta Law”. They declined to ask the law firm (is it law or our bylaws) even though I requested they do so.
The question is, does our bylaw clause about “equality” which forces our board to treat owners UNFAIRLY, come from Alberta Condo Law, or does it come from our bylaws (which can be changed). Put another way… can we, or can we not, do as Condo Boards in BC do?
Thanks for any thoughts, John
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