BC strata: Couple ordered to remove forbidden flooring

Greg Stevens

The Civil Resolution Tribunal has provided Andrea and Elijah Beretta 4 months to exchange laminate flooring in their Fraser Hills townhouse. The tribunal found the couple had violated bylaws banning ‘hard floor flooring’ any where except in the kitchen area, rest room or entrance hall.

A Burnaby few has four months to pull up some lately laid laminate flooring in their townhouse following dropping a Civil Resolution Tribunal struggle with their strata council.

Andrea and Elijah Beretta changed the flooring in their 1975 Fraser Hills townhouse on Aries Position in November 2020, in accordance to a CRT ruling past week.

Soon, however, there was a “rumour circulating” the Berettas experienced mounted laminate flooring where by laminate flooring was forbidden, namely the residing area, hallway and dining space, according to the ruling.

The few was confronted by the strata council president in an email, and the situation eventually landed in the entrance of the tribunal.

The strata utilized to the CRT for an order forcing the Berretas to take away the offending laminate given that it violates strata bylaws forbidden the installation of “hard surface flooring” anyplace other than kitchens, bathrooms and entrance halls.

The Berretas admitted they had put in the laminate in which laminate ought to not be but argued their device experienced had laminate in individuals regions before the bylaw was handed.

Further more, they argued they experienced informed the strata forward of time that they would be changing the flooring “like-for-like,” with laminate and carpeting in which they had existed in advance of, and the strata had raised no objections.

But tribunal vice chair Kate Campbell sided with the strata.

Though the strata’s bylaws enable house owners to preserve all tough area flooring set up ahead of 2008, Campbell ruled there is nothing in the bylaws that permits “like-for-like” replacement of outdated tricky flooring with new really hard flooring.

She also ruled the Berretas experienced not been specific sufficient about their programs to place laminate where it was not permitted, and it was therefore unreasonable for the Berretas to have envisioned the strata to kibosh their options right before the flooring was installed.

“Since the Berettas’ correspondence with the strata did not explicitly say the place they prepared to install laminate flooring, I uncover their expectation was unreasonable,” Campbell mentioned in the Feb. 17 ruling.

Campbell gave the Berretas 4 months to swap any laminate that was not in the kitchen, toilet or entrance hall, and purchased the pair to spend the strata $225 in tribunal service fees. 

The CRT is an on the internet, quasi-judicial tribunal that hears strata residence disputes and compact claims circumstances.

Abide by Cornelia Naylor on Twitter @CorNaylor
E-mail [email protected]

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