Part 47 published on 01/09/14
Strata lot owner has no right to install new service through another strata lot
An owner on the 6th floor wished to install drainage pipes in a drop ceiling space within one of the strata lots on the 5th floor. This was to allow the 6th floor owner to operate a new colon cleaning spa in that owner’s strata lot. The strata corporation was in support of this proposed installation, but the owner of the 5th floor strata lot refused. The question for the Court was whether or not Section 69 of the Strata Property Act (which states that each strata lot is subject to easements for services in favour of all other strata lots) applies only to original services or also to proposed new services.
The Court said that Section 69 applies only to original services, and refused the requested order forcing the 5th floor owner to allow installation of the drainage pipes. The Court said:
In my view, the provisions of s.69(3)(d) and (e) make it clear that the facilities for which the easement exists are facilities already in existence or any replacement of those facilities necessitated by their deterioration….It does not extend to authorizing the installation of a completely new facility.