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ARTICLE · 30 APRIL 2015

Strata Property: Right To Privacy v. Necessary Repairs

What happens when a strata unit owner’s right to privacy conflicts with the need for common property repairs?

CanadaReal Estate and Construction

What happens when a strata unit owner's right to privacy conflicts with the need for common property repairs? Generally, the unit owner will lose out to the strata council, provided the strata council acts reasonably and for a legitimate purpose. This is one of the downsides of strata living: you are not really the king of your castle. Your personal interest may need to give way to the collective interests of the strata as a whole.

A recent case from North Vancouver illustrates this point, though it also highlights the perils of acting unreasonably and with disregard for the collective interests of your strata neighbours. Mr. Getzlaf had a ground floor strata unit which opened onto the strata parkade roof. The building had a lush and extensive garden on the common property outside his unit that shielded it from the parkade. Unfortunately, the roof membrane beneath his garden required replacing, in part because of the damage done to it by tree roots. The strata held a

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