A BC homeowner was involved in a legal fight after installing a privacy screen that blocked her neighbour’s view of downtown Vancouver.
In a publicly posted BC Civil Resolution Tribunal decision, the homeowner told the tribunal that the previous owner of the lot she owns lowered the fence on the west side of the common property deck without approval.
She claimed the fence did not allow for adequate privacy, so she put up a movable privacy screen to compensate. The strata asked her to remove it, while the homeowner claimed it didn’t contravene any bylaws. She also claimed that the strata improperly fined her. Finally, the strata claimed that the homeowner didn’t obtain proper approvals before putting the privacy screen up.
According to the facts of this tribunal decision, the building in question is a three-storey residential building containing 33 units. Units 29 to 33 are on the third floor, each with a fenced-in common property roof deck.
The BC homeowner purchased her unit in February 2020. The common property roof deck has wooden fences on the east and west sides.
“In 2018, SL30’s previous owner obtained permission from the strata to reconstruct the roof deck and replace the fence. A December 1, 2018, alteration and indemnity agreement signed by SL30’s former owner shows the new fence would be 6 feet by 12 feet on the southwest side, followed by a 42-inch high portion to the north edge. On the southeast side, the fence would be 6 feet by 8 feet and then 5 feet tall to the north edge,” the tribunal decision notes.
When the homeowner initially took over the unit, the neighbouring unit was unoccupied. However, since it became occupied in 2021, she realized the fencing wasn’t enough to enjoy her privacy on the roof deck. The tribunal decision notes that the homeowner installed planters on top of the 42-inch-high section and then placed a wooden privacy screen with wheels next to the lower section of the fence.
The screen was nailed to the fence for a portion of time, but after receiving a bylaw infraction letter, she removed the nails. Two people can now carry aside the privacy screen.
The neighbour has complained to the strata because the screen obstructs their view of downtown Vancouver. The homeowner has declined to move the screen despite numerous letters and fines. The tribunal found that despite increasing the homeowner’s enjoyment of the deck, it did so while decreasing the neighbour’s enjoyment.
Thankfully for the homeowner, the tribunal ordered the strata to reverse the fines levied against her. The homeowner tried to claim that she was at a disadvantage compared to other homeowners in the building because other properties have higher fences due to how the previous owner was allowed to modify the unit she now lives in.
However, in its final decision, the tribunal ordered the BC homeowner to remove the privacy screen blocking her neighbour’s view of downtown within 14 days of the tribunal’s decision.
You can read the entire decision here.