Part 30 published on 01/05/10
Owner entitled to keep window screen
This strata corporation consists of separate homes on individual lots. One of the owners suffered from chronic obstructive pulmonary disease. In order to minimize use of air conditioning (which exacerbated his condition) the owner had installed a solar screen on the exterior of one of the windows. The strata corporation’s governing documents stated that exterior alterations were not permitted without consent of the strata council. The strata council refused consent. The Human Rights Tribunal ruled that the owner was entitled to keep the window screen. The Tribunal also found that the strata corporation had engaged in improper conduct in its handling of the matter. As a result, the owner was entitled to compensation for the expense incurred in obtaining an expert report, an order for costs and an order for compensation for injury to dignity in the amount of $2,500.
This strata corporation consists of separate homes on individual lots. One of the owners suffered from chronic obstructive pulmonary disease. In order to minimize use of air conditioning (which exacerbated his condition) the owner had installed a solar screen on the exterior of one of the windows. The strata corporation’s governing documents stated that exterior alterations were not permitted without consent of the strata council. The strata council refused consent. The Human Rights Tribunal ruled that the owner was entitled to keep the window screen. The Tribunal also found that the strata corporation had engaged in improper conduct in its handling of the matter. As a result, the owner was entitled to compensation for the expense incurred in obtaining an expert report, an order for costs and an order for compensation for injury to dignity in the amount of $2,500.