Strata Property Act Alteration Agreement

• The owner is responsible for the repair and maintenance of the modifications. • The modification is carried out in accordance with the plans and specifications. • Ask a lawyer to draw up an agreement that requires at least the following: BEST Consultants specializes in the field of construction science and technology and can contribute to the review of proposed changes to the common property and advice on how to reduce the potential damage suffered by the building and its systems. All questions regarding construction or engineering services can be asked to Alexandre Bouchard, P.Eng. abouchard@bestbse.ca or by phone at 604-356-5022. • The Owner exempts Strata Corporation from all claims arising from the Modifications, including, for example, claims of defects and rights of pledge of the Contracting Authorities. • The owner provides proof of his own insurance with regard to the modifications. Given this legal framework, rotation boards should ensure that the selected materials and/or products and their installation are completed in a manner that minimizes potential damage to the collective property and its environment and reduces strata Corporation`s potential liability. • Ask a qualified architect or professional engineer to verify the information, answer questions, and give the post board written confirmation that the proposed changes do not result in damage to the common property, a limited common property, or its surroundings. To do this, we propose that the rotation board require at least the following information before considering an application for authorization: • The modification is verified by an engineer or architect.

Lesperance Mendes Lawyers supports Strata Corporation and its owners in the areas of strata governance and construction, including amending agreements and amendments to the articles of association. Any questions regarding the legal impact of joint ownership or land changes posted can be asked of Sat D. Harwood at sdh@lmlaw.ca or by phone at 604-685-3550. In order to ensure greater transparency of the process, the Rotation Board may wish to amend the articles detailing the above process. • A detailed description of the proposed changes, including copies of product information and design documents such as location plans, specifications or shop drawings, that illustrate the proposed changes. This information will allow the team board to better understand the impact of the changes on common ownership or limited collective ownership. • The engineer or architect submits a written report confirming that the modification conforms to the approved documents and is otherwise free of defects. Strata Property Act (the “Act”) and strata Property Act Regulation (the “Regulation”) do not allow Strata Corporations to make an owner responsible for the preservation of common ownership. However, the standard articles that are appended to the law require that an owner be required to obtain permission from Strata Corporation before changing the general ownership. In addition, the standard by-law provides that Strata Corporation may require the owner, as a condition of its authorization, to assume responsibility for all costs related to such modification. Strata councils are often faced with requests from their owners to make changes to the common property or limited common property that adjoins their strata land. These proposals should not be taken lightly, as the decision to approve such changes can have a significant impact on both Strata Corporation and individual owners.

Once the above-mentioned information has been received, the Strata Council may request: • The Owner provides copies of the WorkSafeBC liability and insurance policies implemented by its contractors and consultants. . . .

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