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Home COFSAB Forum Condo Owners Forum Q&A Is the problem Alberta Law or our Condo Bylaws? Reply To: Is the problem Alberta Law or our Condo Bylaws?

  • John Driedger

    July 9, 2023 at 1:21 pm

    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.

    Please spread the word!
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