Solar Panels on a BC Strata: Approvals and Cost Sharing

Rooftop solar is one of the most common owner-initiated projects BC councils now see — and one of the most commonly mishandled, because the panels go on something the owner does not own. Here is how approvals and cost sharing actually work under the Strata Property Act.

Step one: the roof is almost always common property

Under the Act, common property includes the part of the land and buildings shown on the strata plan that is not part of a strata lot (Strata Property Act s.1). In most apartment- and townhouse-style stratas the roof, the exterior walls and the building envelope are common property — sometimes designated limited common property (LCP) for one lot's exclusive use. LCP is still common property; exclusive use is not ownership.

So even a single owner's proposal to put panels above their own townhouse unit is normally a proposal to alter common property. Bare land strata plans are a different story — there, panels may sit on a building that is not shown on the strata plan at all, and the analysis depends on the plan and the bylaws.

Step two: written approval, and possibly a 3/4 vote

Two separate approvals can apply, and councils regularly confuse them.

• Written approval of the strata corporation. Standard Bylaw 6 requires an owner to obtain written approval before altering common property, including LCP, or common assets. Standard Bylaw 5 requires written approval before altering a strata lot in listed ways, including the structure or exterior of a building and things attached to the exterior (Schedule of Standard Bylaws, bylaws 5 and 6). This approval is given in writing — in practice by council exercising the corporation's powers — not by a vote of owners at a general meeting. Under bylaw 5(2) approval must not be unreasonably withheld.
• A 3/4 vote, in addition, where the work is a significant change in the use or appearance of common property or of land that is a common asset (Strata Property Act s.71). A "3/4 vote" means at least 3/4 of the votes cast by eligible voters present in person or by proxy, excluding abstentions (s.1) — not 3/4 of all owners.

Whether a given array is a significant change is a judgment call on the facts: roof-mounted panels visible from the street, a new roof penetration, or a large share of the roof surface point one way; a small flush array on a flat roof invisible from grade may point the other. Note that the Act gives EV charging infrastructure its own carve-outs and its own owner-request process (s.90.1); there is no equivalent solar-specific route, so solar falls under the ordinary alteration and significant-change rules. Your own registered bylaws may also go further than the Standard Bylaws — see Strata Bylaws vs Rules in BC: What's the Difference?.

Q&A: the questions councils ask first

Q: Can council approve solar panels on its own?
If the work is not a significant change in use or appearance, yes — written approval under bylaw 6 is the mechanism. If it is a significant change, council's written approval is not enough on its own; s.71 requires the 3/4 vote as well.

Q: Can the strata charge the owner for future roof repairs around the panels?
Bylaws 5(2) and 6(2) let the corporation require, as a condition of approval, that the owner agree in writing to take responsibility for any expenses relating to the alteration (Schedule of Standard Bylaws). That is an assumption-of-responsibility agreement for those costs — commonly future maintenance, repair and replacement of the array and costs the strata incurs because of it. It is not a blanket liability waiver and it does not transfer the corporation's statutory repair, maintenance or insurance duties.

Q: Does the strata's insurance cover the panels?
The corporation must insure common property, common assets, buildings shown on the strata plan, and fixtures built or installed on a strata lot by the owner developer as part of the original construction, on a full-replacement-value basis (s.149). Owner-added panels are not original construction, so raise coverage with your broker before approving, not after a hailstorm.

Cost sharing when the strata owns the project

If the corporation itself installs solar, the money has to come from somewhere, and each route has its own threshold:

• Operating fund — contributions are calculated by unit entitlement, and the budget is approved by majority vote. Where an operating-fund contribution relates to and benefits only LCP, or only one type of strata lot identified in the bylaws, the Regulation shares it among those owners alone (Strata Property Regulation s.6.4; s.11.2 for sections) — subject to a resolution under s.100 of the Act.
• Contingency reserve fund — a solar installation is not one of the five expenditures the Act lets you fund by majority vote (depreciation report, depreciation-report-recommended repairs, EV charging infrastructure and its electricity, electrical planning report, other EV reports), so a CRF expenditure for solar needs a 3/4 vote (s.96).
• Special levy — a 3/4 vote where each lot's share is calculated under ss.99, 100 or 195 (normally unit entitlement). If the levy is divided "in another way that establishes a fair division of expenses for that particular levy" — say, only among the lots the array serves — s.108(2)(b) requires a unanimous vote. The resolution must state the purpose, total amount, each lot's share and the due dates.

Note the trap in the Regulation: even where an operating expense is shared only by LCP users, each lot's share of a CRF contribution or special levy is calculated on total unit entitlement unless a s.100 or s.108(2)(b) resolution says otherwise (s.6.4(3), s.6.5).

Paperwork that outlives the council

Resolutions dealing with changes to common property, including LCP designations, must be kept permanently (Strata Property Regulation s.4.1). Alteration-responsibility agreements are also a conditional Form B attachment, so a buyer five years from now will see them. Record the approval and its conditions precisely in your minutes — see How to Prepare AGM Minutes in BC — and keep the signed agreement with the plan drawings. Tools like SearchStrata can help you search years of minutes and agreements for prior roof approvals before you grant another one. Keeping those records in a system like ManageStrata means the alteration file stays with the corporation when the council or manager changes, which matters for self-managed stratas in particular (How to Self-Manage a Strata in BC).

If the answer is no

There is no statutory right to appeal a council decision at a general meeting. An owner or tenant may request a hearing at a council meeting by written application stating the reason; council must hold it within 4 weeks and, where a decision is sought, give a written decision within one week (s.34.1). Beyond that, the routes are the Civil Resolution Tribunal or the courts, including a claim that the decision was significantly unfair under s.164.

This article is general information about BC strata law, not legal advice; verify against the current Strata Property Act and Regulation or consult a BC strata lawyer.