Dear Tony: We are an 18-unit townhouse complex in Richmond. Two owners installed heat pumps and removed their gas furnaces without any consent of the corporation. Both units have since sold and a neighbour is complaining they were installed without proper authorization.
The recent article about fines and removal of heat pumps and air conditioners has us quite concerned. Do you have any suggestions to solve this?
Miranda W.
Dear Miranda: Alterations without following the bylaws of a strata corporation are a common occurrence across the province. They have frequently been in place for years without issue as previous strata councils simply didn’t apply the bylaws. Even if they had, the record-keeping with continued changes in management and turnover of councils is a chronic problem. These are common conversions in townhouses but there are implications around the location, designation of property, obligation to maintain and repair, insure and renew when the time comes.
First step is to determine the location. If they are on limited common property, the solution is fairly straightforward. The strata corporation may simply amend their bylaws to ensure that any strata lot with a heat pump installation or conversions will be responsible for all of these obligations.
If the area is common property, it may require two steps. The first is a survey to establish the location and designate the area as limited common property, then amend the bylaws. This will also secure future duties of subsequent owners to that strata lot.
Strata corporations frequently enter into alteration agreements with existing owners to ensure their alteration is within the provisions of the bylaws; however, if it is common property the limitation for exclusive use, such as limited common property, is only for a one-year period.
Focus on the technical requirements as well. With rare exceptions, the exterior of a townhouse is common property. The strata corporation is entitled to all technical details regarding the installation of the heat pump. Read your bylaws to ensure the strata council is applying them correctly.
In addition to the alteration agreements, remember strata corporations within Metro Vancouver and The Capital Regional District area must have their Electric Planning Reports completed by December 31, 2026. Townhouses and Bare Land strata corporations are vulnerable to electrical capacity if the installation of the heat pump is not replacing electric heating but gas furnaces.
Add EV charging to the mix and it can be a significant demand depending on time of day and use. Every strata corporation has significant differences in use, bylaws, location, climate, strata plans, construction, age and design. If we add the human factor to strata living, communities operate much smoother when everyone complies with the bylaws and rules.
In light of all the legislative amendments, this is a good time for a major bylaw review and legal advice as we move forward with major energy programs and upgrades.
Tony Gioventu is executive director of the Condominium Home Owners Association.
