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A Kamloops condo owner has had to resort to legal action after her strata refused to allow her to remove a couple of fence panels.

According to a Dec. 9 BC Civil Resolution Tribunal decision, Patricia Lynne Tyler wanted to remove two fence panels from her unit to give her a better view of the complex garden.

She wrote to the Harrington Road strata on a couple of occasions requesting the panels be removed and on both occasions was told because it was a "significant change" it had to go to a vote at its annual general meeting.

However in 2023, when the issue went to a strata council annual general meeting, Tyler didn't get the three-quarter majority vote she needed.

She tried again this year but again failed to get the required number of residents to vote in her favour.

She then took the strata to the Tribunal.

Tyler argued the removal of the fence panels was not a significant change and therefore didn't need to go to a vote.

She also stated that the removal of the panels affected no one else but her, and pointed out that the strata had allowed other condo owners to install fences and extend patios without it going to a vote.

Tyler claimed she was being treated significantly unfairly.

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The strata argued it had no issue with allowing Tyler to remove the fence panels, but it had to follow the correct protocol and take the matter to a vote.

In deciding the matter, the Tribunal weighed up what the definition of a "significant change" should be and whether removing the fence panel would fit the definition.

"Given the location of (Tyler's unit) within the strata and the fence location at the front... I find removing the fence panels would only be visible to strata residents. The proposed fence change would not be visible to the public. I also find the proposed change would be a benefit only to (Tyler) and would not affect other strata lots," the Tribunal ruled. "Further, I find there would be no direct interference or disruption as a result of the proposed fence change."

The Tribunal found that removing the fence panels wouldn't result in a "significant change" and therefore it didn't need to go to a vote at the strata's annual general meeting.

Ultimately, the Tribunal orders the strata to approval Tyler's request to remove the fence panels and refund the $225 in Tribunal fees.

Tyler will have to pay for the panels to be removed herself, but once gone she'll be able to enjoy the view she's wanted to look at for the last couple of years.

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