Factual Background: The case involved a dispute in a 12-unit residential strata corporation in Summerland, B.C. The Flamans made unauthorized alterations to their strata lot and common property without obtaining necessary approvals from the strata council.

Legal Arguments/Issues: The petitioner argued that the Flamans breached multiple strata bylaws by:

• Installing an externally vented furnace, a fresh air venting system, and an on-demand hot water heater without approval.
• Conducting unapproved alterations to the building exterior and common property.
• Creating a hostile environment through excessive and hostile communication.

The respondents justified their actions citing urgency and alleged delays by the strata council.

Unauthorized Alterations: The Flamans made various unapproved changes, including significant alterations to the building envelope, which raised concerns about potential water ingress and structural damage.

Radon Mitigation: The Flamans conducted unauthorized radon mitigation measures, claiming high radon levels, but the strata council had planned a comprehensive remediation strategy.

Court Findings: The court found that the Flamans repeatedly breached strata bylaws, acted unilaterally without required approvals, and their conduct disrupted the strata corporation's governance.

Costs and Awards: The court ordered the Flamans to pay fines and chargebacks in full, comply with bylaws, and reimburse legal expenses. The amount for cost recovery and legal fees was subject to further accounting, overseen by a court registrar. Total assessed fines and legal costs were determined to be $9,325.42.