When you're hot, you're hot
Good question. We might need a magic wand.
My suggestion is to give up on portables and install ductless air conditioning that effectively cools the whole place on recycle so you don't have to open the windows and choke on smoke during wildfire season.
If you must use portables, window ACs work better than the ones with hoses, and according to Consumers Reports, none of them work as well as advertised.
To keep the heat down in our unit we close the windows tight, put corrugated cardboard next to the glass, and close the blinds and drapes while the sun is on the window. Outside we try to shade the glass with a patio umbrella. In summer I get up when it cools off at about 4 a.m. and open all the doors and windows until about 7 a.m., or whenever it gets warmer outside than inside.
We also use fans. Lots of fans. Pointed right at us. We don't have a cross draft or shade trees, so on many days nothing we do brings relief. I go around naked wiping myself down with a wet cloth. What a sight that is!
We do run a portable in the bedroom during the day, so we don't have to listen to the noise as it roars away at full blast. We run it with the doors and windows closed, but it only gets a few degrees cooler, and when we open the door it pops like a suction cup from the negative air pressure.
The size of the open area in the rest of our place exceeds the effective capacity of portables. Also, our sliding door moves on the outside so we can't use a portable there without the risk of intruders, and our other windows are swing out style, so our portable is pretty useless anywhere other than the bedroom.
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The standard bylaws address any kind of alteration, so why does your strata have a bylaw specifically against air conditioners? In my place a bylaw like that would be a health hazard.
How well did portables work for your place during this year's heat wave?
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Sounds like it's time to deal with some grading issues! You might want to consider mini split air conditioning systems, since duct work would not have to be run anywhere. One opening less than 3 inches in diameter is all we need for our whole place.
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I know someone went through a window, and I think they needed a separate panel for the glass coring. They could no longer open that window afterwards either, and there was nowhere to hide the conduit.
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Thank you for sharing this. I agree that when heavy drapery
are closed when the sun is on the glass, and windows are kept closed tight
during the heat of the day, air conditioners can be set back.
There are two problems though.
One is the cornice/valence boxes that keep the heat from
rising from the top are not in style, so they are uncommon, and grommet style
headings with big hole are all the rage. We've overcome this with fitted sheets
of white cardboard next to the glass.
Our cardboard, blinds, and drape combination reduces the
heat, but not by 33%.
The other problem is living in the dark. All of the insulating drapes on that website, and in general, are black out. This didn't bother us when we were away at work all day, but it's pretty depressing when we're at home all the time.
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I agree that it doesn't have to be that complicated. The
standard bylaws may be adequate as is.
Whether the balcony is shown on the strata plan as common property or part of the strata lot makes all the difference in any case. Standard bylaws don't allow permission for alterations to a strata lot to be unreasonably withheld. In contrast, alterations to common property and the attributable expenses are the strata's responsibility. So permission can be withheld, or be contingent on user fees or an indemnification agreement.
The SPR provides for user fees in s.6.9, which complies with s.3 of the SPA insomuch as the strata council is responsible for managing and maintaining the common property for the best interests of the strata corporation. That policy seems more reasonable to me than trying to pass bylaws to offload said responsibility or enforce indemnification agreements with individual owners who may not be knowledgeable or trustworthy.
If the strata council has some reason to think it needs to retain an expert for advice on this matter, don't you think that in the best interests of the strata it would need advice from an HVAC engineer, rather than a lawyer?
****Consumer Reports did testing that found ductless heat pumps to be quieter and far more efficient than portables, window air conditioners, or evaporative coolers. They're the most expensive to install, but the quietest and cheapest to operate.
I think climate change and record breaking heat waves and wildfires make effective air conditioning and ventilation systems a health and safety concern that should outweigh any building envelope issues IMHO. The 2.5" hole in the building envelope for a heat pump system for our whole unit is a bit larger than gas lines, but far smaller than skylights. With a covered balcony it should be a non-issue anyway, and rebar in concrete can be x-rayed for safe penetration, I'm told.
I currently have a portable connected to an exterior vent. Running it doesn't noticeably reduce the heat unless it's in a room with all the doors and windows closed. Then it reduces the temperature in that space by 2 or 3 degrees, roaring at full blast. When you open the door it pops like a suction cup since our 1987 townhouse was sealed up in 2005 and has no fresh air ventilation system.
My neighbours have portables also... the one beside me is vented through an open door with a wind blocking screen, which makes it seem kind of ridiculous to me, and the one above me is vented with a sliding window kit. Between the two of them the surrounding noise is quite noticeable.
When my portable is properly vented it creates negative air pressure that requires an intake of outdoor air for balance... In contrast, ductless heat pumps are a self contained recirculating system, which makes them the only effective protection against wildfire smoke. This is important to me, since no air purifier in the world can keep up with smoke coming in through open windows or doors.
I know some stratas have heat pumps on balconies with no complaints, but my strata council won't allow it.
My 2019 request for permission to install a Mitsubishi ductless mini split heat pump and Lunos heat recovery ventilation system to accommodate the disabilities of my husband and myself was denied. Council ignored our offer to supply and install and sign an indemnification agreement, and they couldn't care less about our health and safety. Now we have a human rights complaint that has been going on for well over a year, with no end in sight.
Ironically, the Bowie case was published on CanLii after I filed it, which made me take a look at s.1 of the SPA and realize that no matter who pays for them, heat pumps are common property when installed. This means they're also a common expense, and bylaws that offload that expense onto individuals are unenforceable.
In contrast, if an owner voluntarily agrees to take responsibility that's okay. Imposing reasonable user fees is okay also, unless past practice makes it significantly unfair or discriminatory to impose on heat pumps after paying for extra decks or skylights etc. for the benefit of units owned by council members.
In any event the cost seems to have doubled in the past 2 years, and we no longer have the money to donate for common property, but the strata still has a duty to accommodate our disabilities.
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Thank you, will do! Our building envelope warranty expired in 2015, so technically that's not an issue. Our AirLux portable recently quit on us, so we've really been cooking. I have a top rated Danby on order now - for SEPTEMBER delivery!!
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The same facts may not apply, but the SPA still does. The analysis of
the definition of common property that the case provides is what is material to
a strata allowing an owner to install an HVAC system.
Installing a minisplit unit requires a one time 2.5" opening in the building envelope to protect occupants from the weather. That does not constitute a significant change of use or enjoyment of common property from as shown on the strata plan in my opinion. It's a discretionary determination, which is the responsibility of the strata council, and past practice in how council has exercised its discretion regarding other alterations may be a factor in determining what is significant, relatively speaking.
Standard bylaws already cover alterations of any kind. Unlike user fees in s.6.9 of the Regulation, which are imposed, indemnification agreements are entered into voluntarily, . Bylaws that attempt to transfer common expenses onto an individual otherwise are unenforceable under s.121 of the SPA.
Running conduit on the surface of a home's walls when it would normally be concealed inside of them is unreasonably disruptive to the esthetic enjoyment and value of the property in my opinion. Relative to property values of more than half a million dollars the cost of doing the job properly is comparatively small. Jury rigging it is false economy in my opinion.
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It sounds like your strata is trying to burn the candle at
both ends. One hand is requiring indemnification to offload responsibility, and the
other hand is raising responsibility for potential damage as an issue to obstruct installation. Acting on one
or the other may make sense, but acting on both arguments sounds contradictory and unreasonable to me.
As far as the compressor for drainage goes, location and
noise level must be taken into consideration just like everything else. Do you
know what the manufacturer's specifications are?
If multiple units are requesting AC then I think a design consultation with an HVAC engineer who can provide an expert report to council on the installation required to meet WCB/ASHRAE standards for safe indoor air quality would be a shared benefit and a common expense.
I know I have had quotes ranging from $10,000 to $40,000 and scopes of work from one day to a month or more, so it can be very confusing.
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I think the SPA applies to strata governance in general. You
and I interpret the definition of common property differently. I think you'd be pretty hard pressed to run the indoor units in a mini split system without the outdoor unit.
In regard to the Bowie case, the factual specifics of various integration systems is not what is relevant in my opinion, what is relevant is your strata plan, the definition of common property in the SPA, and an outdoor unit integrated with indoor units.
I don't see how any system can be installed without the electrical, and I'd be wary of anyone who wants to fracture the job into pieces to lower the price.
Installing false ceilings is not necessary with a ductless system. The electrical conduit and refrigeration lines can be hidden inside the walls, crown mouldings, or a bulkhead. My father-in-law attached a board near the top of the walls for recessed lighting around the perimeter. It cost next to nothing, looked great, and there was plenty of room for conduit.
In 2019 I asked Council for permission to cut a 2.5 inch hole in the building envelope so I could install a ductless air conditioning system to accommodate my COPD, hoping to benefit from it before last summer.
They refused, so I filed a "duty to accommodate a disability"
complaint with the Human Rights Tribunal hoping to avoid exposure to the 2020
wildfire events. As soon as I realized that the HVAC quote didn't include
ventilation I requested that also.
What I'm wondering is whether locating the air conditioning units above the couch and bed in a building with 8-foot ceilings would be uncomfortable for occupants.
I'm also wondering if anyone knows anything about what today's building code standard is for acceptable indoor air quality in air tight homes.
In any event, I'll let you know how it goes in 2021, if it settles by then. We'd really like to have it in before next spring.
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Thank you for your comments. Air conditioning and
ventilation are recommended by Health Canada, the BC Lung Association, my GP,
my respirologist, and the VGH lung transplant team, so if you are aware of a
different system that would better serve my needs I am extremely interested.
I've been researching by myself blindly.
More importantly, if the proposed units will exagerate my
COPD, pIease explain how. I really need such information now, before
installation proceeds.
As it is, blinds, drapery, fans, and portables have been
ineffective. The proposal is for ductless AC and balanced HRV for the size of
the building based on recommendations from several HVAC professionals. They are
handling the municipal permits.
The primary excerbator of my COPD to date has been exposure
to wildfire smoke, but with inside temperatures reaching 30 degrees we still
had to open the windows. Air conditioning will solve that problem and reduce
the unhealthy heat and humidity.
We can't leave ground level windows or doors open without
risking intruders entering. When we left upstairs windows open the air we
heated in winter was lost and the rain came in and split the wood on our window sill. Our
unit has no cross draft, and our neighbours removed the surrounding shade
trees, so in the summer it gets blistering hot in our unit, and stays hot.
The ventilators accomodate MERV filters and can be turned
off and closed during wildfire events or air quality advisories. The AC has
multiple filters also, but the most significant protection is not having to let wildfire smoke inside the home in the first place.
As the air conditioning units are mounted high on the walls,
our primary heat will still come from our electric baseboard heaters. Half of
the openings in the building envelope are totally under cover, and the others
are partially covered and much less exposed than the skylights that others have
added for far less important reasons.
Expense is relative to health and safety and the cost of health care, quality of life, and life expectancy. It is also relative to nearly half a million unlawfully diverted from a special levy for envelope repairs to create panoramic views and reconstruct unlawfully added decks for the exclusive use and enjoyment of the younger, more privileged, and able bodied.
As it is, our home is air tight without the ventilation required for acceptable indoor air quality under today's building code. Notwithstanding the current airborne pandemic, ventilation is of particular concern to us since my husband had a double lung transplant last month. He will be on anti-rejection drugs for the rest of his life, which suppress his immune system and require cytotoxic precautions.
So there you have it. If this system will aggravate my COPD please tell me how, and if there is a more suitable system, please tell me what it is. I really need to know, so THANK YOU for any help!
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You can call me anytime. I really am floundering. Thank you!
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No. Properly finished openings in building envelopes are done all the time without compromising anything. Besides, not all openings are exposed to the elements anyway.
If I owned a single detached home I would have had air conditioning and ventilation installed last year to protect my health and safety instead of having my efforts persistently obstructed by the strata and its agents.
When I asked for permission in 2019 I was prepared to take full responsibility for all the costs and risks even though the moment the HVAC hits the ground the whole system becomes common property. Council refused to accept that and made me sick to my stomach rather than act reasonably.
I did everything in my power to accommodate the medical conditions of myself and my husband, while the strata did the opposite. So now lawyers and strata insurance and the Human Rights Tribunal are all involved, and it's all the strata's responsibility under both the Strata Property Act and the Human Rights Code.
Members of council totally disregarded my doctor's advice, needlessly endangering the welfare of both myself and my husband for more than a year, and counting. So the strata is liable to compensate for that injury to my dignity on top of it all.
Do you, or another member, have any suggestions for next steps, for a reasonable settlement? If so, please share, I'm all ears!
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Please do. Thank you!
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I offered to pay for everything but council refused. Then I found out that it's the strata's duty to accommodate disabilities, and that HVAC is common property, both inside and outside the unit, so the cost is a common expense... LOL!
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Does anyone know how to find an HVAC consultant to prepare a design plan and scope of work, up to but not including paint, that would be suitable to send out for comparable bids?
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It's true that the strata is responsible and has to do the work, but the portables they're talking about don't control excessive heat, humidity, or fresh air effectively enough to avoid exposure to wildfire smoke or meet acceptable standards for indoor air quality. Besides, we've had portables ever since 2005, and we don't need council's permission to use them.
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I have different quotes from different companies, but they aren't comparable. Some guys sound more like salesmen than experts.
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I tried to ask a mechanical engineering firm for a design plan or journaled information source without success. I suspect that if they were dealing with the strata directly they might be more interested.
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You need whatever council says you need, because they have the power under s.4 of the SPA.
Depending on the location, it may be arguable whether a 3-foot pump on common property and 3-inch opening in the building envelope to protect occupants from weather is a change in use or appearance from as shown on the strata plan in any way at all, much less in a signficant way as contemplated in s.71 of the SPA.
What is usually significant is money or leaks, not use or appearance. In most stratas heat pumps fit into the definition of common property under s.1 of the SPA, which makes bylaws that contravene the strata's statutory responsibility for s.1 common expenses and s.72 repairs and mainteance unenforceable.
Indemnification agreements are an administrative can of
worms that often, if not always, raise issues of misrepresentation and
significantly unfair induced investments for short term exclusive use of common
property, which may not be renewed and can never automatically transfer to a
new owner. When these agreements are lost or otherwise fall apart, the strata
is left holding the bag and everybody pays because we're "all in it
together."
That is why s.6.9 of the SPR provides for bylaws to impose reasonable user fees anytime proportionate sharing of common property is altered from the schedule of unit entitlements. Unfortunately, when members of council acting in conflict for their own unjust enrichment take common property for deck extensions or other exclusive use this provision is persistently ignored, contrary to the best interests of the strata.