Wednesday, December 1 2021

Often times, strata companies are required to make phased repairs due to financial constraints, different aging replacements, geographic conditions, or design differences between buildings.

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Dear Tony:

Our owners have approved funds to replace a roof on our complex. We have three buildings of 28 units each and the roof is in the same condition.

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We were surprised that the owners approved the first phase without all repairs being approved at the same time, as there is no guarantee that the owners will approve another tax to replace the two remaining roofs. Council members said we would approve the remaining repairs at a special meeting in April. What happens in the spring if homeowners don’t approve the rest of the repairs?

Should we go to court?

All council members are from the building for the planned new roof.

– Dorothée M.

Dear Dorothée:

Often times, strata companies are required to make phased repairs due to financial constraints, different aging replacements, geographic conditions, or design differences between buildings.

Strata societies must maintain and repair the commons. This is a main condition of the Strata Property Act.

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If the owner approves the phased repairs and continues to schedule the remaining renewals to meet this obligation, it is within the authority of the company, but the phased repairs will have negative effects and cost more over time.

A key advantage of being a collective organization is the purchasing power of 84 units and three roofing systems. The buying scale is your asset. The best unit cost will be the renewal of the three roof systems.

You are in a stronger negotiating position; contractors are eager to bid on larger projects, and the award will benefit your community.

There are seldom any advantages to delaying maintenance and renewals. Another perspective for a corporate stratum to consider is the impact of property values ​​and information disclosure.

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Roofing systems are the common property of the company. A seller may be required to disclose this information because there are still two roofing systems to be completed. While a seller in a building with new roofs may disclose that the roof is improved, the company will also identify that the roofing of subsequent buildings has not been replaced, and the company will face more levies.

Since the work is completed in the building with only council members, there is likely an incentive for one or more of these council members to sell their units.

Another goal that may not have been disclosed is that if homeowners are collectively interested in completing all roofing systems at the same time, 20 percent of homeowners can sign a petition demanding a special general meeting to include a resolution. for all roofs.

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At least the owners would have the opportunity to vote on a complete project.

Your 2017 depreciation report, which has yet to be updated, recommended that all roofing systems be replaced in 2021, and there was an additional roofing report in 2018 indicating that “a maximum remained. of three years of useful life before there is a risk of failure. “

If there is a roof failure causing damage to strata lots and common property, your insurer may also raise serious questions about coverage because you did not follow the recommendations and renew the assets within the recommended time frame. .

If the Strata Company does not approve the rest of the roof before damage or failure occurs, homeowners are likely to have no choice in the future but to seek an order through the Court of Justice. civil or BC Supreme Court resolution to order the remainder of the remedies. . No more delays, unnecessary costs and increased liability for everyone.

Tony Gioventu is Executive Director of the Association of condominium owners. Send an email to [email protected]

  1. Electronic meetings are still enabled for strata until December 31st.

    Condo Smarts: Holding Safe Strata Meetings During COVID-19 Pandemic

  2. Strata societies are allowed to adopt bylaws and rules to regulate the use and enjoyment of their common property and common facilities.

    Condo Smarts: Are masks mandatory in the common areas of the strata?

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