• Agnes Sebestyen

Check before crossing that road!

Updated: May 13, 2020

The condo owner had replaced his entire flooring (carpet and lino) in the unit with high quality hardwood flooring. The condo looks great, unfortunately this improvement was done in contravention to the relevant strata bylaw which requires Strata Council approval and carpeted and lino areas to be replaced with the same types of flooring. No hardwood, no laminate, no cork flooring allowed regardless of the advertised sound transfer rating.

The Strata Council became aware of the contravention and issued a resolution that gave the owner until March 31st of this year to bring his unit in compliance. The owner - not wanting to pick a legal fight - grudgingly agreed to replace the flooring with the approved types by the deadline.

Due to the Covid-19 provincial state of emergency the owner was unable to comply with the deadline and asked the Council for a 3-month deferment of strata fees and extension to the flooring replacement deadline.

The Council acceded to the deadline extension request but was not able to grant strata fee deferment to the owner. It is highly advisable to check the schedule of bylaws before proceeding with any improvement or alteration prior to commencement of the work. Such ideas may seem very attractive first but may end up costing way more than intended if we fail to do our due diligence.

This due diligence must carry over to the buying process if we want to make sure that we don’t buy into someone else’s non-compliance.

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