Frank v. The Owners Strata Plan LMS 355 (British Columbia Supreme Court)

The owner had the use of a roof deck, which the Court determined to be limited common property pursuant to the Strata Plan.  The owner discovered that the exterior parapet walls framing the roof deck were lower than the height required under British Columbia’s Building Code.  With the concurrence of the strata council, the owner began a process of obtaining the necessary permits from the City of Vancouver to install railings of the proper height.  However, a dispute ultimately arose between the strata corporation and the owner respecting approval of the new railings and responsibility for the costs to install the new railings.

The Court determined that installation of the railings was necessary work.  Therefore this work was not a significant change requiring approval by three quarters vote under section 71 of the Strata Property Act.  The Court in fact determined that the railing installation was a repair falling within the responsibilities of the strata corporation.  In addition, the Court held that the strata corporation’s actions (in failing to adequately co-operate with the owner during the entire process) were significantly unfair.  The Court held that the owner “had a reasonable expectation that he had the right to use and enjoy his limited common property as a roof deck”.