Dear Tony: We live in a bareland strata in the B.C. Interior. With endless sunshine, we have been investigating installing photovoltaic (PV) cells on our rooftop to supplement or replace our electricity demand. Our strata held a town hall meeting to discuss allowing owners to install PV systems and upgrade their energy storage. Internal alterations and battery storage are not an issue, as each owner is responsible for their own homes and mechanical systems on their strata lots.
However, one owner produced a copy of the building scheme filed by the owner-developer. This scheme prohibits the installation of any turbine or PV systems on the exterior of the buildings or on the strata lot. We are at a stalemate. Given changes in technology, the benefits of alternative electrical generation in our climate, and the goal of reducing consumption, is there any way around this? — Larry W.
Understanding Building Schemes
Building schemes have local implications for each strata corporation and often catch owners off guard. Unless they are identified or adopted into the strata bylaws, they frequently remain a mystery document. When an owner-developer files a building scheme, it essentially creates a covenant between owners that is registered on each strata lot title.
Even if a strata corporation chooses to ignore a building scheme — which is not advised — any owner may seek a court order for enforcement. These schemes are intended to maintain conformity in use and appearance, and to restrict alterations that may be a nuisance or potential hazard to the community or neighbours.
When Building Schemes Become Outdated
As technology evolves and climate changes, not all building schemes remain beneficial or enforceable. For example, a building scheme that prohibits rentals within a bareland strata corporation is likely unenforceable because the Strata Property Act no longer permits rental restrictions or bylaws. Similarly, a restriction on roofing that only permits wood-type shingles may contradict fire safety policies, local district bylaws, and could prevent owners from obtaining fire insurance.
Recommendations for Strata Councils
If a bareland strata corporation has a building scheme, I recommend that every owner receives a copy so they are aware of the implications. The strata council should review the scheme and determine whether it can be incorporated into the strata bylaws and what it means for the community.
If there are conditions that are no longer relevant or enforceable, it is money well spent to consult a lawyer familiar with building schemes in strata communities. Your owners may unanimously agree to change certain conditions or even remove the building scheme entirely. Without any changes or reviews, your building scheme may continue to be enforceable, limiting the adoption of alternative energy in your community.
Tony Gioventu is executive director of the Condominium Home Owners Association. Email tony@choa.bc.ca.
