What is the effect of patio furniture on common property?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan KAS 950 v McDade et al, 2018 BCCRT 462 (CanLII):

23. The owners also cite my decision in Giddings et al v. The Owners, Strata Plan BCS 3620, 2018 BCCRT 61. They submit that I found that patio furniture was not a significant alteration to common property. That is incorrect, as I did not make such a finding in that decision. I merely noted that the strata lot owners in that case said their gazebo was part of a patio furniture set. In Giddings, I found that a solid-roofed gazebo placed over a patio was an alteration to common property. I reasoned as follows at paragraphs 32-33: While the original tent-like gazebo was somewhat similar to an umbrella, the current wooden structure and polycarbonate roof is not. The constructed roof was not purchased as part of the patio furniture set, and looks substantially different from the fabric-roofed gazebos shown in the catalogue photograph provided in evidence. The solid-roofed gazebo is not similar to an umbrella in its form, function, or appearance. Rather, it has a solid roof with a span of several feet, and it could not be collapsed or removed by a single person in a few minutes.

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