Part 50 published on 01/05/15
Owner had no right to install privacy screen
The strata corporation was required to replace a roof membrane (and the landscaping on top of the membrane). This work affected a patio area adjacent to the strata lot of one of the owners. In particular, this “resulted in a loss of privacy and negatively impacted the aesthetics of (the owner’s) surroundings”.
The owner sought permission of the strata corporation to install a privacy screen, but this was refused, pending completion of the project. The owner nevertheless went ahead and installed a privacy screen; and as a result the strata corporation levied fines against him. The owner then petitioned for the following relief:
- A remedy for the actions of the respondent regarding the replacement of the upper parkade membrane project.
- That the respondent restore the upper parkade to its original design, being a rooftop garden;
- That the respondent restore the petitioner’s brick wall foundation such that he can then install anchor posts for the installation of a fence;
- That the respondent be enjoined from removing the petitioner’s existing privacy screen without his authorization; and
- A reversal of the fines levied by the respondent.
The Court dismissed the owner’s petition. The Court said:
the respondent (Strata Corporation) has not disregarded the petitioner’s desire for privacy. It is in the process of obtaining estimates for the installation of privacy screening, fencing, and plants for the benefit of units 103 and 104 (the petitioner’s unit) that would be consistent in appearance with the rest of the strata complex.