Quick links
- Handling Requests for Air Conditioners and Heat Pumps in Stratas (webinar video)
- Top 10 Tips for Heat Pump Bylaws for Stratas (video)
- Cooling Systems for Strata Owners (webinar video)
Dealing with owner requests for heat pumps
Many strata owners want to install heat pumps in their suites. Most requests involve mini-split heat pump systems which have two main components: an outdoor compressor/condenser and an indoor air-handling unit(s) (evaporator). When council receives a request from an owner requesting to install a heat pump in their suite or townhouse unit, what should be considered? Can strata corporations say no? Council should always be considering:
- The bylaws
- Technical considerations such as impacts on the building
- Whether it is a significant change in use or appearance. See Strata Property Act (SPA) s. 71
- Will the outdoor unit be placed on common property (CP)?
Bylaws regarding heat pumps
If someone is installing a heat pump or mini-split heat pump, that is an alteration that falls under the scope of Standard Bylaws 5 and 6. An owner needs written permission before making an alteration to a strata lot or the common property (CP), including limited common property (LCP). Learn more about the Standard Bylaws and about renovations and alterations.
- Standard Bylaw 5 requires an owner to obtain written approval of the strata corporation before making an alteration to certain parts of a strata lot. In the context of heat pumps with an outdoor compressor unit, that involves a change to the structure and exterior of the building.
- Standard Bylaw 6 requires an owner to obtain written approval before making an alteration to the CP, including LCP.
Typically both of these bylaws will be invoked when installing a heat pump because holes cut in the exterior wall go through the strata lot and CP. Unless the strata plan says otherwise, the SPA says that the dividing line between a strata lot and the CP is the midway point of the exterior wall. The BC Court of Appeal found that cutting of a 2-inch hole in the exterior wall to feed the conduit through constituted an alteration.
Detailed bylaws provide a framework for council to make decisions and help owners know what to expect and whether they are likely to receive approval. Bylaws should consider current needs and future situations. The strata doesn’t want to get nuisance complaints and have to enforce bylaws against someone who just spent several thousand dollars to install a heat pump. A little bit of preventative thinking may prove valuable in the long run.
- Set out what information an owner is required to provide when they apply for permission to install a heat pump in their suite.
- Establish conditions that the owner has to meet for approval.
- Specify criteria regarding installation, location, and noise levels.
- Clarify who is responsible for repair and maintenance.
- Require an indemnity or assumption of liability agreement and a copy of the electrical permit.
- Set out a process to deal with future complaints.
Technical considerations
Each strata should get technical advice from engineers and trades with respect to specific things they need to be looking at and think ahead to issues that may arise.
- Penetrating the building envelope: What effect is that going to have such as potential water ingress?
- Noise and vibration: How loud is the outdoor compressor unit when it’s operating? Will it be close to someone’s bedroom window or main living area? What impact will that have on others?
- Sound transmission: Are there methods to prevent sound transfer particularly if compressors are on balconies and roofs?
- Condensate draining: Where will the water from the outdoor compressor/condenser go? How can that be dealt with considering the particular design of the building?
- Weight: While the weight of one unit might not seem significant, what if there will be several in one location such as a roof? What impact is that going to have?
- Appearance: Where will the compressor unit be located? What does it look like? Should it be screened with a hedge or some other material to obscure it?
- Conduit: Where will it run on the outside of the building? What will it look like? Should it be painted?
- Electrical capacity: Electrical planning reports should help strata corporations and owners understand the electrical capacity of their buildings and determine whether the electrical system can support all their electrification needs. Learn more about electrical planning reports.
Significant change in use or appearance
The installation of a heat pump might be a significant change in the use or appearance of CP (including LCP) under SPA s. 71. Where will the heat pump be located? Will it be on CP or LCP? How many people are going to see it? Does it affect the use and enjoyment of a unit or other units? Does it negatively impact a unit or all the owners? Is it a residential or commercial strata? What has the strata done in the past?
Council doesn’t have authority to approve a significant change in use or appearance. It must be approved by a 3/4 vote of the owners at an annual or special general meeting.
Designating common property (CP) as limited common property (LCP)
If the owner’s strata lot includes an exterior area, or they have exclusive use of a LCP patio or balcony, it may be possible to place the heat pump’s compressor in that area. However, on some strata plans, the exterior area is CP that hasn’t been designated as LCP. As mentioned above, the council doesn’t have authority to a approve a significant change in use, such as placing an outdoor compressor unit on CP.
To resolve this, the owners could vote to designate a small area of CP as LCP. For the purposes of a heat pump, that means the area is for the exclusive use of the compressor for that strata lot. Designating CP as LCP requires a ¾ vote of the owners at an annual or special general meeting under SPA s. 74. A sketch plan is approved by the owners and filed in the Land Title Office. That sketch plan would show the pad on which the compressor will sit.
When an owner’s compressor sits on LCP, it’s a good idea to update the bylaws to make owners responsible for repair and maintenance of LCP. Just designating CP as LCP and not changing the bylaws doesn’t resolve the issue of responsibility for repair and maintenance. The two go hand-in-hand.
Approving a request to install a heat pump
Disputes often arise when permission is vague. If council decides to approve an owner’s request to install a heat pump in their suite, the approval needs to be clear and precise about what is being approved. It’s best to do this in writing. The letter should clearly state: yes you’re approved, you’re approved to do this, and here are all the conditions. Include details such as the make and model, how many indoor heads are being installed, location of the compressor, specific requirements for installation, location of conduit, copy of the electrical permit etc. The strata might want to have an inspection done by a third party to ensure the heat pump has been installed correctly and the building envelope sealed. If so, the approval letter should specify whether the strata or the owner will pay the cost the inspection. Including a map or sketch of the project with the letter of approval can be helpful.
The indemnity or assumption of liability agreement should be a separate document. The owner agrees to take responsibility for repairs and maintenance relating to the alteration. It could give the strata the right to inspect the heat pump and its operation at the owner’s expense. It could clarify situations such as who pays if the unit leaks and causes damage to CP (including LCP), or one of the strata’s tradespersons accidentally damages it. The agreement also deals with how the responsibility gets passed on to subsequent owners.
Ideally the conditions in the approval letter and the agreement should be spelled out and grounded in the bylaws.
Requests under the Human Rights Code
A person with a chronic medical condition might seek an exemption from strata bylaws prohibiting heat pumps or air conditions based on the strata’s duty to accommodate a disability. Under section 8 of the Human Rights Code (Code) a strata corporation cannot discriminate against a person because of physical or mental disability. It has an obligation to accommodate a person to the point of undue hardship. Learn more about accommodations under the Human Rights Code.
When a strata receives a request from an owner to accommodate them under the Code on the basis of disability, the onus is on the owner to provide the medical evidence necessary to establish the nexus or connection between their disability and what they are requesting (in this case a heat pump). The medical evidence in any accommodation request is key. Does the medical evidence connect all the dots?
- That the person has a medical condition
- That they need a heat pump for cooling
- How the need for cooling affects their medical condition
- Discuss why they need a heat pump and can’t use alternative methods
The strata can’t just say “no”. If it says “no”, the strata is obliged to come back with an alternative proposal. It’s then a joint obligation of the strata and the owner to go back and forth and find a solution. If the bylaws prohibit heat pumps and air conditioners, keep in mind that the strata’s duty to accommodate a disability under the Code trumps the bylaws!
To trigger the accommodation an owner has to prove an adverse impact flowing from the refusal to install the heat pump or air conditioner. Just because it’s nice to have air conditioning doesn’t necessarily trigger the duty to accommodate. There has to be an adverse impact. If a strata receives a request for accommodation under the Code, it can be helpful to get a bit of legal advice to make sure council is considering the right things. Every situation needs to be evaluated on a case-by-case basis.
Denying a request to install a heat pump
There may be times when a strata council denies an owner’s request to install a heat pump. When the strata does say “no” it must have a clear and identifiable reason. There should be an explanation or evidence addressing how and why the council arrived at that decision. Was it a concern about electrical capacity, or appearance, or noise? There might be legitimate reasons to say “no” but they need to be detailed in the minutes or in the letter to the owner to explain how council arrived at that decision.
The strata must also ensure its decision is not significantly unfair under SPA s. 164. Significant unfairness means the decision was burdensome, wrong, harsh, lacking in probity or fair dealing, unjust, and inequitable.
Noise complaints
Just because council has approved a heat pump installation, doesn’t mean it’s out of the woods with respect to dealing with noise complaints. Standard Bylaw 3(1) says an owner must not use a strata lot, the CP or common assets, in a way that causes a nuisance, unreasonable noise, or unreasonable interference. Heat pumps and air conditioners have the potential to create unreasonable noise and the court has said that the operation of a heat pump at a particular level can amount to a nuisance.
Stratas have a duty to investigate bylaw complaints and determine if the noise or nuisance is unreasonable. There’s a lot that needs to be looked at beyond just the decibel level such as changes in pitch and volume, time of day, frequency of the noise, and other factors. There has to be a contextual evaluation of the circumstances of the complaint. In other words council can’t just brush it off. Even if the heat pump was installed prior to any bylaws being passed, it’s still subject to noise and nuisance bylaws. Ideally, bylaws allowing heat pumps should address how to deal with future complaints.
Extreme Heat
Extreme weather is now part of our reality but we can take steps to maintain good health and care for each other in our strata communities. Some residents may be medically heat vulnerable. See the article about extreme heat in stratas. Since portable air conditioners aren’t a permanent installation and do not penetrate the building envelope, they could be a temporary solution to keep residents safe during extreme heat events.
Acknowledgments
This article is based on information presented by Shawn M. Smith in the webinar: Handling Requests for Heat Pumps and Air Conditioners in Stratas. This information is intended for information purposes only and should not be taken as the provision of legal advice. Shawn M. Smith is a lawyer whose practice focuses on strata property law. He frequently writes and lectures for strata associations. He is a partner with the law firm of Cleveland Doan LLP.
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Handling requests for heat pumps and air conditioners in stratas (slides)
- Handling requests for heat pumps and air conditioners in stratas (transcript and case law)*
- Strata alterations – Everything you ever wanted to know (28-page article by Shawn M. Smith, Cleveland Doan LLP)
- Sample Indemnity Agreement
