BC strata: Couple ordered to remove forbidden flooring

Susan Howell

The Civil Resolution Tribunal has provided Andrea and Elijah Beretta 4 months to exchange laminate flooring in their Fraser Hills townhouse. The tribunal identified the pair experienced violated bylaws banning ‘hard area flooring’ anyplace except in the kitchen, lavatory or entrance corridor.

A Burnaby few has four months to pull up some recently laid laminate flooring in their townhouse right after dropping a Civil Resolution Tribunal battle with their strata council.

Andrea and Elijah Beretta replaced the flooring in their 1975 Fraser Hills townhouse on Aries Area in November 2020, in accordance to a CRT ruling previous 7 days.

Soon, nevertheless, there was a “rumour circulating” the Berettas experienced set up laminate flooring the place laminate flooring was forbidden, particularly the dwelling room, hallway and dining home, in accordance to the ruling.

The couple was confronted by the strata council president in an e mail, and the circumstance ultimately landed in the front of the tribunal.

The strata utilized to the CRT for an order forcing the Berettas to clear away the offending laminate because it violates strata bylaws forbidden the set up of “hard surface flooring” anyplace other than kitchens, bathrooms and entrance halls.

The Berettas admitted they had mounted the laminate wherever laminate must not be but argued their device had had laminate in those people areas just before the bylaw was handed.

Further more, they argued they experienced knowledgeable the strata ahead of time that they would be changing the flooring “like-for-like,” with laminate and carpeting wherever they experienced existed ahead of, and the strata experienced elevated no objections.

But tribunal vice chair Kate Campbell sided with the strata.

Though the strata’s bylaws permit proprietors to hold all tricky surface area flooring mounted right before 2008, Campbell ruled there is practically nothing in the bylaws that permits “like-for-like” replacement of old difficult flooring with new challenging flooring.

She also dominated the Berettas experienced not been distinct ample about their strategies to place laminate the place it was not permitted, and it was hence unreasonable for the Berettas to have envisioned the strata to kibosh their options ahead of the flooring was mounted.

“Since the Berettas’ correspondence with the strata did not explicitly say in which they planned to set up laminate flooring, I uncover their expectation was unreasonable,” Campbell explained in the Feb. 17 ruling.

Campbell gave the Berettas four months to switch any laminate that was not in the kitchen, rest room or entrance corridor, and ordered the couple to fork out the strata $225 in tribunal expenses. 

The CRT is an on-line, quasi-judicial tribunal that hears strata property disputes and smaller statements scenarios.

Adhere to Cornelia Naylor on Twitter @CorNaylor
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