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this post was submitted on 23 Jun 2024
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British Columbia
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I lived in a town house and added central air.. I had to summit the install plan from the installer and the noise db rating of the unit I was installing for approval. It was approved then I proceeded.
Sorry in this case the owner screwed up TWICE.
I can understanding not altering common property, but banning AC entirely is bullshit and quite likely a bylaw that wouldn't hold up to scrutiny.
The strata is a legal corporation, the bylaws are binding as they are voted on at the AGM.
We have a no window AC law at our Condo. Reason being:
You can use an inside portable unit though.
When we did have the sudden heatwave some people bought the window style anyway, strata recognized it was a health and safety reason and did not issue fines for that year, following years neesed to be proper type.
I've been in several stratas including multiple councils, and seen several taken to the courts part bullshit bylaws and lose. One strata actually tried to restrict people's ability to have a non-married partner overnight. That... did not go over well as it became obvious that the real target was senior members intent on driving out younger residents, as well as a bit of power-tripping.
By that same notion, yeah they can absolutely fine somebody for damage to common property etc during installation, and I've seen that happen (i.e. one resident knocked bricks out of they chimney to side-vent a gas-fireplace install) but an outright ban on AC installs when we're seeing growing heatwaves could likely see a successful challenge for personal health and safety reasons among others. Just depends on whether the resident has the time and resources to fight it.
With a properly functioning Strata they have a lawyer via the property management company that is consulted on bylaws legality before voting
LoL. Well across multiple cities in multiple provinces I've yet to see that. The only time lawyers were involved was when they severely fucked up (i.e. like the one where members were trying to skim funds or give contracts to friends/family), and the best "review" they tended to get off bylaw drafts were by the associated property management company, who were often far from professional.
I'm in BC. Our strata has lawyers on retainer through the property management. Ideas on laws get a run through to check legality, especial when dealing with an active tenant situation.
Noise and maintenance is main problem. When you live on top of other people, you like do so without the screaming sound from a fan belt, or a bad pumpe vibrating the building, from your careless neighbor.
If the Strata is the designated from day one with heatpump, then they in my design plassed in technical room/areas where they are sound dampen and can easily be accessed by maintenance workers. With maybe water exchanger for hot water or a pool.
Yeah, it would have to be a proper install that balances stuff like this but if it went to court the council would likely also need to prove that it was creating an actual issue for the property/residents