90.2 Consideration Of Owner Request By Strata Corporation

90.2 (1) The strata corporation may approve an owner’s request made under section 90.1 if

(a) the proposed alteration, to the extent that it constitutes a significant change in the use or appearance of common property or land that is a common asset, has been approved by a resolution in accordance with section 71(b), and
(b) the strata corporation is satisfied that all of the criteria set out in subsection (2) are met.

(a) the proposed EV charging infrastructure is in a prescribed class of EV charging infrastructure;
(b) if the parking stall is common property or located on land that is a common asset, at the time the request is made, the owner has a right, permission or privilege to use the parking stall to the exclusion of other owners;
(c) any prescribed criteria.

(3) Without limiting the strata corporation’s discretion under subsection (1), in deciding whether to approve an owner’s request, the strata corporation may consider the following matters:

(a)
the compatibility of the proposed EV charging infrastructure with
- (i) existing EV charging infrastructure in the strata corporation,
- (ii) other EV charging infrastructure that may be installed by the strata corporation or another owner, and
- (iii) any system the strata corporation uses, or plans to use, to manage electricity used by EV charging infrastructure;
(b) the capacity of, and current and anticipated demands on, the strata corporation’s electrical system;
(c) any prescribed matters.

(4) The strata corporation must not unreasonably refuse to approve an owner’s request made under section 90.1.
(5) The strata corporation may require the owner to agree in writing to reasonable conditions of an approval, including, without limitation, conditions requiring the owner to

(a) obtain the strata corporation’s approval of EV charging infrastructure, contractors, materials or other matters related to the alteration,
(b) modify or replace the proposed EV charging infrastructure in the event that the strata corporation installs other EV charging infrastructure for the benefit of the owners, or
(c) if more than one owner makes the request, accept joint and several liability for expenses associated with making the alteration or for other costs.

(6) The strata corporation must decide whether to approve an owner’s request within the prescribed period, if any, after receiving the request.

2023-21-7, effective December 6, 2023 (B.C. Reg. 261/2023).