26. The determination of whether the trimming of the hedges amounts to a significant change turns on the particular facts of this case. The criteria for determining what amounts to a significant change in use and appearance were paraphrased at paragraph 19 of Foley v. The Owners, Strata Plan VR 387, 2014 BCSC 1333, as follows: a. a change would be more significant based on its visibility or non-visibility to residents and its visibility or non-visibility towards the general public; b. whether the change to CP affects the use or enjoyment of the unit or a number of units or an existing benefit of a unit or units; c. whether there is a direct interference or disruption as a result of the change to use; d. whether the change impacts the marketability or value of the unit; e. the number of units in the building may be significant along with the general use, such as whether it is commercial, residential, or mixed-use; f. consideration should be given to how the strata corporation has governed itself in the past and what it has allowed.
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