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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.”
And…
“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
https://weloveeastvan.com/can-you-add-in-suite-laundry-to-units-that-dont-already-have-it/
weloveeastvan.com
Can you add In Suite Laundry to Units that Don't Already Have it? - WeLoveEastVan.com
In Suite Laundry is one of prospective Buyers most desired features. Whether that’s because of a bad experience sharing Laundry with neighbours, years of
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11 Replies
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I think the problem is less one of bylaws and provincial law and wholly one of building design and structure. The article you referred to is comprehensive; it seems to hit all the nails firmly on the head. If you need an in-apartment laundry, the most suitable way would be to find a condominium building designed with that feature from the start.
If you want to follow the legal route, look for a condominium-experienced lawyer – a member of COFSAB or the Canadian Condominium Institute – South Alberta Chapter. When COFSAB restarts the CondoChats in the fall, there may be an opportunity to ‘Ask a Lawyer’ for a generic answer.
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As the article explains it can be determined that a certain number of Washer/Dryers can be added without issue. Like maybe 5 floors out of 18 floors. It is apparently a solution that you can do in BC. Seems like a better way to do things rather than moving if it’s possible to do. If I have to move maybe move to where Condo law is better.
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If you are looking for a definitive answer on whether Alberta Condo Law differs from BC, the answer is yes. Provincial legislation is unique to that province and can’t be compared in arguing that ‘it’s ok in BC why isn’t it ok in Alberta?’
Also, as you say, ‘In my case our Condo Bylaws has a clause about treating all owners “Equally”. which is proving to be restrictive, your Bylaws most likely have other clauses which give the Board power to approve or deny renovation requests, require owners to get approval before doing the work, not allowing Owners to make changes to base building utilities or services, etc. So you’re stuck unless you can get your bylaws changed. These clauses are not uncommon in Condominium Bylaws.
In Alberta to change your Bylaws, all you have to do is call for a meeting to discuss based on your Bylaw showing what number of Owners it would take to request a special meeting, or you can wait until your AGM to ask for a motion for changes on your specific issue. Once you have the meeting you need 75% of unit factors AND 75% of all the Owners entitled to Vote to pass a special resolution changing your Bylaws. NOT EASY!
COF has been lobbying the Alberta Government to make the burden of being able to pass a special resolution somewhat easier to do by lowering the threshold, but they are VERY reluctant to do so.
A good reference library on Alberta Condo Law is: https://www.cplea.ca/publications-and-resources/condominium-law/
If you are looking for caselaw that would support (or confirm your position or confirm the Board has the right to refuse additional washers and dryers, see https://www.canlii.org/en/ab/#search/jId=ab,unspecified&text=condominium%20renovations&origJId=ab
cplea.ca
Free legal resource about Condominiums. Learn about laws that affect condo owners and condo boards.
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It depends on your bylaws.
Do you have to add a water line to install the washer? If so, you will likely need a permit from the city (call your city to confirm). If you do need to add a water line to install the washer then this would be a mechanical change to the common property and will likely require approval from the condo board. Check your bylaws to see if you need approval from the board to make a mechanical change. If you do not need to install a water line, then arguably there is no mechanical change.
A washer changes the insurance risk profile of the corporation because washers can cause damage to the common property if they leak. Check your bylaws to see if there is a restriction of increasing risks to the corporation. Most bylaws say that owners cannot make any changes that will increase the risk of damage. You could install a metal supply line instead of a plastic supply line to reduce the risk of water leaks.
And if you do not pay your water or electricity bill directly, then adding a washer and dryer can cost the corporation more money (likely not by a significant amount, but still). I haven’t seen any bylaws that limit utility usage, but you can check.
That’s all I can think of!
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There is no point in my discussing anything further with the Board until I know if the clause “treat owners equally” comes from Alberta Law, or is it a misguided clause in out bylaws. As explained, BC does not operate this way (and yes, I know that is another province with different laws). I’ll try to hire a lawyer to look into it. I’ll let the Forum know what they say. Good chance law firms want $20,000+ paydays and they ignore people like me. But I’ll give it a try.
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Regardless if you feel the clause is ‘misguided’ it is in your bylaws meaning that 75% of your ownership approved this clause. The bylaws bind the corporation and the owners to the same extent as if the bylaws had been signed and sealed by the corporation and by each owner. The board has the power and duty to interpret the bylaws for the good of all owners, so it’s up to you to convince the board that they will not be treating you differently by providing you with what you want.
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Since our bylaws are being updated in September and will require the 75% it’s an opportune time to look at it. “The board has the power and duty to interpret the bylaws for the good of all owners.”
Well, tell me your take on this situation. One unit has the electrical trunk line poured in concrete and can’t be upgraded to 100 Amp service (from 60 Amp).
Another unit’s trunk line (for whatever reason) can be replaced and that owner could upgrade to 100 Amp at their cost. But not allowed because it’s not “equal”.IMPORTANT: The units were NOT built equal from the start. The units are different. The units need to be treated appropriately, which may result in the owners being treated differently.
Is this an odd concept?
“It’s up to you to convince the board that they will not be treating you differently by providing you with what you want.”
Why define “different” as unacceptable? In above example treating owners differently is arguably the BEST way to go. So far no one can answer my question, in BC they CAN treat owners differently and NOT equal, I’m simply wondering if Alberta Law is forcing this difference in owner treatment, or our bylaws. So far, nobody knows, I’ll keep at it though.
Here is something I think a good clause could state. “The board will make every effort to treat all owners equally, but also have the flexibility to treat owners equitably and fairly.
If we had that clause, in the above electrical situation, where there is no justification not to allow a 100 Amp upgrade it would be approved. BTW, my unit CAN’T be upgraded to 100 Amp. I just find it’s a good example of bad policy – that other owners of units (that can be upgraded), are not allowed to because it is mechanically impossible in my unit.
Anyway, thanks for your thoughts.
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I have found a Condo specialist Lawyer who actually helps Boards write ByLaws.
Tells me there is nothing in our Bylaws and what Management is quoting from the Act does not answer my question “where does the directive that they have to say no to everyone if they can’t say yes to everyone.”
Lawyer says they have to have justification, so far have not supplied it.
And adds, “Different treatment is not necessarily unequal.” So, maybe there is hope.
To help out, can anyone tell me if they are aware of a Condominium (older) that after an engineering assessment has been done, a number of washer dryers have been allowed and installed. As the article cited explains does happen in Vancouver.
I’m sure it will be a long process, I will update this as it goes.
John
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