Legal

May 15, 2025 Published by British Columbia Chapter - By Jamie Bleay

Unauthorized Alterations: Prevention and Enforcement

From CCI BC Strata Connection Magazine, Volume 04, Spring/Summer 2025

A recent review of the decisions of the Civil Resolution Tribunal (the “CRT”) posted on their “Decisions” website confirms that unauthorized alterations (of strata lots and common property) are a significant thorn in the side of strata corporations. There are times when an owner has in fact applied for and received approval to undertake certain alterations but then proceeds with other unapproved alterations. Then there are the owners who ignore their bylaws or claim to not be aware of the alteration requirements in the bylaws of their strata corporation and proceed with alterations without approval.

Here are a few of the unapproved alterations that have ended up on my desk over the past few years:

• Removal of carpeting and underlay to be replaced with granite tiles;
• Removal of structural/load bearing walls;
• Jackhammering of a concrete sub-floor to facilitate the installation of a new bathroom;
• Holes cut into the building exterior to allow for the installation of a heat pump;
• Moving a fence to increase the size of an owner’s backyard;
• Extending the size of an exterior deck;
• Enclosing a balcony;
• Constructing a deck on common property;
• Tiling over a limited common property balcony.

Unauthorized alterations are frankly out of control and can lead to significant legal and financial consequences for strata councils and property owners. Despite the existence of alteration bylaws (even if only the wording found in the standard bylaws) designed to govern and regulate alterations, strata councils (and lawyers) are more often than not faced with how to close the barn door once the horse is out. This article explores the implications of unauthorized alterations, the responsibilities of strata lot owners, the impact unauthorized alterations and notable cases that highlight the complexities of this issue.

Understanding Strata Property and Alterations

In B.C., strata corporations are governed by the Strata Property Act (the “Act”), the standard bylaws and any customized bylaws filed in the land title office. The Act and bylaws outline the rights and responsibilities of strata lot owners and strata corporations with respect to alteration requirements with respect to strata lot alterations and common/limited common property alterations.

It goes without saying that the rationale for alterations is to enhance either their interior living spaces or their exclusive use of exterior spaces. These alterations can range from minor changes, like installing new light fixtures, to major renovations, such as adding bathrooms, removing walls, enclosing balconies or installing skylights or new windows and doors. 

However, alterations to common property or limited common property, and to strata lots (subject to what the bylaws say), typically require approval from the strata council.

The Approval Process

The topic of customizing your bylaws to deal with specific alterations is for another day. However, there are two standard bylaws that deal with alterations. Bylaw 5(1) requires an owner to obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following:

• (a) the structure of a building;
• (b) the exterior of a building;
• (c) chimneys, stairs, balconies or other things attached to the exterior of a building;
• (d) doors, windows or skylights on the exterior of a building, or that front on the common property;
• (e) fences, railings or similar structures that enclose a patio, balcony or yard;
• (f) common property located within the boundaries of a strata lot;
• (g) those parts of the strata lot which the strata corporation must insure under section 149 of the Act.

Bylaw 5(2) states:

(2) The strata corporation must not unreasonably withhold its approval under subsection (1) but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.

Standard bylaw 6 deals with common property/limited common property alterations and states:

6 (1) An owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, or common assets.

(2) The strata corporation may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.

These standard bylaws do not require an owner to submit a detailed proposal to the strata council and to ensure the proposal includes plans, specifications, and any necessary permits.

However, more and more strata councils are requiring this information, along with the owner’s agreement to sign an alteration and indemnity agreement to not only take responsibility for expenses for any expenses relating to the alteration, but to indemnify the strata corporation with respect to damages, losses and claims that arise because of the alterations.

A strata council that receives an alteration request has an obligation to objectively review the alteration request.

Bylaw 5 states that the strata corporation must not unreasonably withhold its approval. The same wording is not found in bylaw 6 but to avoid a CRT claim, strata councils should do their best to not unreasonably withhold approval.

If the strata council approves the alteration, the owner may proceed with the work. However, if the council denies the request, the owner must refrain from making the proposed changes. Unauthorized alterations, or changes made without approval, can lead to disputes, legal action and very expensive consequences.

Consequences of Unauthorized Alterations

Unauthorized alterations can result in several consequences for the owner:

• Reversal of Alterations: The strata corporation may require the owner to restore the property to its original condition at the owner's expense. This can be costly, especially if significant changes were made.
• Fines and Penalties: Strata corporations can impose fines for bylaw violations. Repeated offenses may lead to escalating fines.
• Legal Action: Strata corporations can take legal action against owners who make unauthorized alterations. This can result in court orders to reverse the changes and pay legal costs. In one CRT decision (see footnote below), an owner claimed that the cost to remove the unapproved flooring would be in excess of $100,000.00.
• Liability for Damages: If the unauthorized alteration causes damage to common property or other units, the owner may be held liable for repair costs.

Notable Cases

There are a considerable number of B.C. Supreme Court and CRT decisions involving unauthorized alterations.

Noted below are a few cases that highlight the complexities and consequences of unauthorized alterations: 

• Elahi v. Strata Plan VR 1023: In this case, the court held that an owner's obligation to repair and maintain a solarium built on limited common property extended to repairs to adjacent elements of the common property. This case underscores the importance of obtaining proper approval and understanding the long-term responsibilities associated with such a significant alteration. 
• Jad Tabet v. The Owners, Strata Plan NW 1816: This owner faced significant legal and financial repercussions after making unauthorized alterations to his strata unit. He initially received approval for his renovations but proceeded with changes that exceeded the approved scope, including altering ventilation ducting, which was common property. The strata corporation took legal action, resulting in the owner being ordered to pay over $48,000 in costs and legal fees to the strata corporation.
• The Owners, Strata Plan VR 2588 v. David: The owner installed vinyl plank flooring throughout much of his strata unit without prior approval and in contravention of the strata corporation’s bylaws. The owner was ordered to remove the non-compliant flooring, at his cost, and any replacement flooring had to be in compliance with the strata corporation’s bylaws.

Responsibilities of Strata Lot Owners

Strata lot owners have several responsibilities when it comes to alterations:

• Compliance with Bylaws: Owners must adhere to the strata corporation's bylaws and obtain necessary approvals before making any alterations.
• Obtaining Permits: For significant alterations, owners should be required to obtain the required building permits from the local municipality.
• Ensuring Quality Workmanship: Owners should be required to hire qualified professionals (and ensure they have proper insurance in place) to carry out the work to ensure it meets safety and building standards.
• Maintaining Alterations: Once an alteration is approved and completed, the owner is typically responsible for its maintenance and any associated costs. A properly worded indemnity and alteration agreement will greatly assist in enforcing this obligation.

Preventing Unauthorized Alterations

Strata corporations can take several steps to prevent unauthorized alterations:

• Clear Communication: Strata councils should clearly communicate the approval process and requirements to all owners.
• Regular Inspections: Conducting regular inspections of strata lots and common property (especially if/when you see construction materials and/or hear construction type noises coming from a unit) can help identify unauthorized alterations early.
• Enforcing Bylaws: Strata councils must consistently enforce bylaws and take prompt action against violations to deter unauthorized changes.
• Education: Providing educational resources and workshops for owners can help them understand their responsibilities and the importance of following the bylaw approval process.

Conclusion

Unauthorized alterations can lead to significant legal and financial consequences for owners and strata corporations alike. It is crucial for owners to understand the approval process, comply with bylaws, and obtain necessary approvals (in writing) before making any alterations. Strata corporations play a vital role in managing and maintaining common property, and they must enforce bylaws to protect the interests of all owners. By working together, strata councils and owners can ensure that alterations are made responsibly and in compliance with regulations, fostering a harmonious living environment for everyone.

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Jamie Bleay, Partner, Bleay Both Uppal LLP

Jamie is a founding member of Bleay Both Uppal LLP, with a legal practice focused on strata law and governance. With over 35 years of experience, his expertise includes warranty claims, bylaws drafting and enforcement, strata loans, and human rights and privacy matters. Jamie’s focus is on prompt, efficient and effective service, and being able to provide reliable and sound legal advice. His depth of experience and commitment to clients make him a trusted advisor in the complex world of strata law.