A 110-unit, four-floor wood-frame strata building, now 28 years old, faces a window replacement project after owners approved a consultant to set specifications and issue a request for proposals. However, eight units that replaced their windows over the past 12 years with permission are unwilling to support the project or pay the levy unless they receive a full credit for their share. The strata council admits it mishandled the situation by failing to obtain alteration agreements and leaving replacements unsupervised. The consultant has identified three of the previously installed windows as improperly installed.
Strata Property Act and Standard Bylaw 8
Under Standard Bylaw 8 of the Strata Property Act, which many strata corporations have adopted, the strata corporation is responsible for maintaining and repairing doors, windows, decks, balconies, and roofing if they are common property, as identified on the strata plan. Costs are shared according to the schedule of unit entitlement, unless an amendment is filed by unanimous vote in the Land Title Registry.
It is possible to draft and pass a 3/4 vote resolution that recognizes contributions by identified strata lots. The levy would apply to all lots, and the resolution must specify what amount, if any, can be credited to those allocated units. However, this approach is not straightforward.
Practical Complications with Credits
If windows must be removed and correctly installed, they are likely not reusable because mitre joints often fail on removal. Secondary damages may also become apparent only after removal. Apportioning values for each unit is difficult, especially for patio or balcony doors. If the strata corporation installs energy-efficient windows—which is recommended—what is the impact on upgraded units that do not meet the same standards? Additionally, the life cycle of windows installed 12 years ago must be considered: if they are of lower quality, not efficient, or questionably installed, it is in the corporation's best economic and maintenance interest to replace them now.
Legal and Practical Advice
Tony Gioventu, executive director of the Condominium Home Owners Association, advises consulting a lawyer experienced with strata construction before proceeding. These resolutions are not to be drafted by volunteers or council members. If a strata corporation has permitted or is considering consent for common area window upgrades, an alteration agreement is essential. A term of that agreement must contemplate the owner's full contribution to any future building envelope repairs and window renewals. Before proceeding, check the B.C. Hydro and Clean BC websites to determine eligibility for grants.
