A Vancouver strata owner has been unsuccessful in his request to install an electric vehicle (EV) charger at his parking stall due to a lack of approval from the strata’s other owners.
Ulrich Laue co-owns a unit in an East Vancouver building and claimed the strata wrongly denied his request to install the EV charger. However, the strata disagreed, stating that the entire parkade is common property and that the installation of an EV charger and other permanent items required for it would constitute a significant change in the use or appearance of that common property.
Such a change, the strata council said, requires owner approval, and there has been no vote.
In his decision Tribunal member David Jiang explained that the strata plan explicitly labels parking stalls as common property. Furthermore, the strata had already considered the idea of EV chargers, including communal chargers, with a survey showing 75.9% of owners supported their installation.
At an April 2021 AGM, the owners held a 3/4 vote to approve a resolution about installing two EV chargers. However, the resolution, which involved collecting $12,500 for the installation cost, modifying the bylaws to assign two guest parking spots for the charging station, and adding guidelines to the bylaws to specify the EV usage process, did not pass.
Laue then requested permission from the strata to install an EV charger near his parking stall, which the strata denied due to it requiring a further vote. Jiang ruled that such a change would entail a significant disruption in the building and, as the owners had not voted to approve the change, he dismissed Laue’s claim.
“As the owners have not voted to approve the change by the necessary margin or at all, I dismiss Mr. Laue’s claim,” he said.
You can read the full decision below. (via Vancouver Is Awesome)
ST-2022-004167_-_draft_final
