Duty to Repair and Maintain (22:XIV) - Revision history

LSLAP: /* Sections */

2025-10-14T04:23:37Z

Sections

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	# Residential strata lot owners where there are different types of strata lots.		# Residential strata lot owners where there are different types of strata lots.

	Although the ''SPA'' provides no guidance on what constitute “significantly different purposes” for non-residential strata lots, section 11.1 of the SPR sets out the following “different types” of residential strata lots recognized by the ''SPA'' for the purpose of creating sections:		Although the ''SPA'' provides no guidance on what constitute “significantly different purposes” for non-residential strata lots, section 11.1 of the ''SPR'' sets out the following “different types” of residential strata lots recognized by the ''SPA'' for the purpose of creating sections:

	# Apartment-style strata lots;		# Apartment-style strata lots;

LSLAP at 19:46, 13 October 2025

2025-10-13T19:46:21Z

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	{{REVIEWED LSLAP \| date= ~~August 1, 2024~~}}		{{REVIEWED LSLAP \| date= 24 July 2025}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP: /* b) Provision of Manual and Warranty under the Homeowner Protection Act */

2025-09-29T18:22:09Z

b) Provision of Manual and Warranty under the Homeowner Protection Act

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	==== b) Provision of Manual and Warranty under the Homeowner Protection Act ====		==== b) Provision of Manual and Warranty under the Homeowner Protection Act ====

	In addition, Part 8 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98031_01 ''Homeowner Protection Act'', SBC 1998, c 31] requires anyone offering a new home for sale to provide a home warranty with certain minimum coverage, including:		In addition, Part 8 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98031_01 Homeowner Protection Act]'', SBC 1998, c 31 requires anyone offering a new home for sale to provide a home warranty with certain minimum coverage, including:

	# Defects in materials and labour for a period of at least two years after the date on which the warranty begins;		# Defects in materials and labour for a period of at least two years after the date on which the warranty begins;

LSLAP at 18:21, 29 September 2025

2025-09-29T18:21:53Z

← Older revision		Revision as of 18:21, 29 September 2025
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	==== a) Essential and Fundamental Obligation of the Strata Corporation ====		==== a) Essential and Fundamental Obligation of the Strata Corporation ====

	The BC Supreme Court has recognized the duty to repair and maintain common property as an essential and fundamental obligation of the strata corporation ([https://www.canlii.org/en/bc/bcsc/doc/1996/1996canlii3440/1996canlii3440.html ''Royal Bank of Canada v Holden'', 1996 CanLII 3440 (BCSC)]). These repairs may be purely aesthetic in nature ([https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt1215/2019bccrt1215.html ''Kornylo v The Owners'', Strata Plan VR 2628, 2019 BCCRT 1215]). This duty applies to common assets as well ([https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt186/2018bccrt186.html ''The Owners, Strata Plan KAS 2827 v Couchman'', 2018 BCCRT186]).		The BC Supreme Court has recognized the duty to repair and maintain common property as an essential and fundamental obligation of the strata corporation (''[https://www.canlii.org/en/bc/bcsc/doc/1996/1996canlii3440/1996canlii3440.html Royal Bank of Canada v Holden]'', 1996 CanLII 3440 (BCSC)]). These repairs may be purely aesthetic in nature (''[https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt1215/2019bccrt1215.html Kornylo v The Owners, Strata Plan VR 2628]'', 2019 BCCRT 1215). This duty applies to common assets as well (''[https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt186/2018bccrt186.html The Owners, Strata Plan KAS 2827 v Couchman]'', 2018 BCCRT186).

	A strata corporation may delegate to a strata lot owner its responsibility for maintenance and repair of limited common property that the owner has a right to use (s 72(2)(a)) as well as common property other than limited common property subject to the ''SPR'' (s 72(2)(b)).		A strata corporation may delegate to a strata lot owner its responsibility for maintenance and repair of limited common property that the owner has a right to use (s 72(2)(a)) as well as common property other than limited common property subject to the ''SPR'' (s 72(2)(b)).

	The obligation on a strata corporation to repair and maintain will be assessed on a standard of reasonableness, that is, to do all that can reasonably be done. The court in [https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2462/2016bcsc2462.html ''The Owners, Strata Plan LMS 3539 v Ng'', 2016 BCSC 2462] held that a strata corporation can be liable in the tort of private nuisance to a strata lot owner for losses arising out of the failure of a common property pipe resulting in significant damage to the owner’s strata lot.		The obligation on a strata corporation to repair and maintain will be assessed on a standard of reasonableness, that is, to do all that can reasonably be done. The court in ''[https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2462/2016bcsc2462.html The Owners, Strata Plan LMS 3539 v Ng]'', 2016 BCSC 2462 held that a strata corporation can be liable in the tort of private nuisance to a strata lot owner for losses arising out of the failure of a common property pipe resulting in significant damage to the owner’s strata lot.

	==== b) Bare Land Strata Plans ====		==== b) Bare Land Strata Plans ====

	In a bare land strata plan, the boundaries of a strata lot are determined by reference to survey markers, and not the midpoints of walls, ceilings, and floors, as is typically the case in a conventional strata plan. The same “reasonableness” standard of repair in the context of a “conventional” strata plan applies to bare land strata plans, per the CRT’s application in [https://www.canlii.org/en/bc/bccrt/doc/2021/2021bccrt564/2021bccrt564.html ''Stubbert v The Owners, Strata Plan KAS 2750'', 2021 BCCRT 564].		In a bare land strata plan, the boundaries of a strata lot are determined by reference to survey markers, and not the midpoints of walls, ceilings, and floors, as is typically the case in a conventional strata plan. The same “reasonableness” standard of repair in the context of a “conventional” strata plan applies to bare land strata plans, per the CRT’s application in ''[https://www.canlii.org/en/bc/bccrt/doc/2021/2021bccrt564/2021bccrt564.html Stubbert v The Owners, Strata Plan KAS 2750]'', 2021 BCCRT 564.

	However, as the exterior walls, roofs, windows, and doors of the building on a bare land strata lot form part of the strata lot, the strata corporation is not responsible for repair and maintenance of a strata lot’s exterior unless that obligation is assumed by operation of a properly approved bylaw.		However, as the exterior walls, roofs, windows, and doors of the building on a bare land strata lot form part of the strata lot, the strata corporation is not responsible for repair and maintenance of a strata lot’s exterior unless that obligation is assumed by operation of a properly approved bylaw.
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	The ''SPA'' definition of “common property” does not expressly deal with windows, doors, and skylights, making it difficult to decide how to repair and maintain these. This decision is very fact-dependant based on where a window, door, or skylight is installed, and it will be argued in different cases whether the window, door, or skylight is completely within a strata lot, on the boundary between the strata lot or completely within the common property.		The ''SPA'' definition of “common property” does not expressly deal with windows, doors, and skylights, making it difficult to decide how to repair and maintain these. This decision is very fact-dependant based on where a window, door, or skylight is installed, and it will be argued in different cases whether the window, door, or skylight is completely within a strata lot, on the boundary between the strata lot or completely within the common property.

	Standard Bylaw 8(c)(ii)(D) of the ''SPA'' makes the strata corporation responsible for all aspects of the maintenance of windows, doors, and skylights that are on the exterior of a building or that face common property. Even if the exterior-facing windows, doors, and skylights form part of the strata lot, the strata corporation would be responsible for the repair and maintenance of these areas ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2363/2016bcsc2363.html ''The Owners of Strata Plan NWS 254 v Hall'', 2016 BCSC 2363]).		Standard Bylaw 8(c)(ii)(D) of the ''SPA'' makes the strata corporation responsible for all aspects of the maintenance of windows, doors, and skylights that are on the exterior of a building or that face common property. Even if the exterior-facing windows, doors, and skylights form part of the strata lot, the strata corporation would be responsible for the repair and maintenance of these areas (''[https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2363/2016bcsc2363.html The Owners of Strata Plan NWS 254 v Hall]'', 2016 BCSC 2363).

	==== c) Alterations to Common Property or Common Assets Made by Strata Lot Owners ====		==== c) Alterations to Common Property or Common Assets Made by Strata Lot Owners ====

LSLAP at 00:13, 4 August 2024

2024-08-04T00:13:47Z

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	{{REVIEWED LSLAP \| date= ~~July 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 1, 2024}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP: /* 2. Repair and Maintenance Expenses */

2024-07-31T22:10:54Z

2. Repair and Maintenance Expenses

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	=== 2. Repair and Maintenance Expenses ===		=== 2. Repair and Maintenance Expenses ===

	The funds necessary for the repair and maintenance of the common property and common assets form part of the “common expenses” of a strata corporation (s 1(1)). See [[Strata Corporation Finances (22:~~VII~~)]] for a detailed breakdown of how strata corporation can raise funds to fulfill their duties, including repair and maintenance expenses, through the:		The funds necessary for the repair and maintenance of the common property and common assets form part of the “common expenses” of a strata corporation (s 1(1)). See [[Strata Corporation Finances (22:VIII)]] for a detailed breakdown of how strata corporation can raise funds to fulfill their duties, including repair and maintenance expenses, through the:

	# Operating Fund;		# Operating Fund;

LSLAP at 22:10, 31 July 2024

2024-07-31T22:10:25Z

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	==== a) Information from the Owner Developer under the Strata Property Act ====		==== a) Information from the Owner Developer under the Strata Property Act ====

	The ''SPA'' recognizes the owner developer as an initial source of information with respect to repairs and maintenance of strata developments. The owner developer is required by s. 20(2)(a) to deliver the following documents at the first annual general meeting:		The ''SPA'' recognizes the owner developer as an initial source of information with respect to repairs and maintenance of strata developments. The owner developer is required by section 20(2)(a) to deliver the following documents at the first annual general meeting:

	# All plans that were required to obtain a building permit and any amendments to the building permit plans that were filed with the issuers of the building permit;		# All plans that were required to obtain a building permit and any amendments to the building permit plans that were filed with the issuers of the building permit;
	# Any document in the owner developer’s possession that indicates the “as built” location of pipes, wires, ducts, cables, chutes, and other facilities for the passage or provision of services, if the owner developer has reason to believe that these facilities are not located in the places shown on the building permit plans or any amendments to the building permit plans;		# Any document in the owner developer’s possession that indicates the “as built” location of pipes, wires, ducts, cables, chutes, and other facilities for the passage or provision of services, if the owner developer has reason to believe that these facilities are not located in the places shown on the building permit plans or any amendments to the building permit plans;
	# The names and addresses of all contractors, subcontractors, and persons who supplied labour or materials to the project as required by the ''SPR'';		# The names and addresses of all contractors, subcontractors, and persons who supplied labour or materials to the project as required by the ''SPR'';
	# ~~warranties~~, manuals, schematic drawings, operating instructions, service guides, manufacturers’ documentation, and other similar records regarding the construction, installation, operation, maintenance, repair, and servicing of any common property or common assets.		# Warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers’ documentation, and other similar records regarding the construction, installation, operation, maintenance, repair, and servicing of any common property or common assets.

	==== b) Provision of Manual and Warranty under the Homeowner Protection Act ====		==== b) Provision of Manual and Warranty under the Homeowner Protection Act ====
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	# Defects in the building envelope, including defects resulting in water penetration, for a period of at least five years after the date on which the warranty begins;		# Defects in the building envelope, including defects resulting in water penetration, for a period of at least five years after the date on which the warranty begins;
	# Structural defects for a period of at least 10 years after the date on which the warranty begins.		# Structural defects for a period of at least 10 years after the date on which the warranty begins.

	~~=== 2. Depreciation Reports ===~~

	To assist a strata corporation in undertaking its repair and maintenance obligations, s. 94 of the ''SPA'' requires a strata corporation to obtain a depreciation report to estimate the service life and anticipated maintenance, repair, and replacement costs for specified components of the strata corporation. This helps the strata corporation to better plan for the future and fund its contingency reserve fund accordingly. The strata corporation can only temporarily exempt itself from the requirement to obtain a depreciation report if, within the one-year period prior to the date on which the report is required to be obtained, the owners adopt a ¾ vote resolution at an annual or special general meeting (''SPA'', s. 94(3)).

	~~The requirements for a depreciation report are set out in section 94 of the ''SPA'', including:~~

	# The report must be obtained from a “qualified person”, a term defined in s. 6.2(6) of the ''SPR'' as “any person who has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation’s common property, common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair under the ''SPA'', the strata corporation’s bylaws or an agreement with an owner and to prepare a depreciation report that complies with [s. 6.2(1) to (4) of the ''SPR'']” (s. 94(2)).
	~~# A strata corporation must obtain a depreciation report in accordance with the following timelines (SPA, s. 94(2), SPR, s. 6.2(7)):~~
	~~:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and~~
	~~:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.~~
	~~:3. A depreciation report is required to include all of the following (SPR, s. 6.2(1)):~~
	~~:::a) a physical inventory and evaluation that complies with s. 6.2(2);~~
	~~:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;~~
	~~:::c) a financial forecasting section that complies with s. 6.2(3);~~
	:::d) the name of the person from whom the depreciation report was obtained and a description of that person’s qualifications, errors and omissions insurance coverage, if any, and relationship with the strata corporation;
	~~:::e) any other information or analysis that the strata corporation or the person providing the depreciation report considers appropriate.~~

	== B. Repair and Maintenance of Common Property and Common Assets ==		== B. Repair and Maintenance of Common Property and Common Assets ==
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	The BC Supreme Court has recognized the duty to repair and maintain common property as an essential and fundamental obligation of the strata corporation ([https://www.canlii.org/en/bc/bcsc/doc/1996/1996canlii3440/1996canlii3440.html ''Royal Bank of Canada v Holden'', 1996 CanLII 3440 (BCSC)]). These repairs may be purely aesthetic in nature ([https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt1215/2019bccrt1215.html ''Kornylo v The Owners'', Strata Plan VR 2628, 2019 BCCRT 1215]). This duty applies to common assets as well ([https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt186/2018bccrt186.html ''The Owners, Strata Plan KAS 2827 v Couchman'', 2018 BCCRT186]).		The BC Supreme Court has recognized the duty to repair and maintain common property as an essential and fundamental obligation of the strata corporation ([https://www.canlii.org/en/bc/bcsc/doc/1996/1996canlii3440/1996canlii3440.html ''Royal Bank of Canada v Holden'', 1996 CanLII 3440 (BCSC)]). These repairs may be purely aesthetic in nature ([https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt1215/2019bccrt1215.html ''Kornylo v The Owners'', Strata Plan VR 2628, 2019 BCCRT 1215]). This duty applies to common assets as well ([https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt186/2018bccrt186.html ''The Owners, Strata Plan KAS 2827 v Couchman'', 2018 BCCRT186]).

	A strata corporation may delegate to a strata lot owner its responsibility for maintenance and repair of limited common property that the owner has a right to use (s 72(2)(a)) as well as common property other than limited common property subject to the ''SPR'' (s 72(2)(b)). However, no regulations have been adopted permitting a corporation to do the latter, so the strata corporation cannot purport to make an owner responsible for the repair and maintenance of common property through the bylaws. This makes the distinction between limited common property and common property important.		A strata corporation may delegate to a strata lot owner its responsibility for maintenance and repair of limited common property that the owner has a right to use (s 72(2)(a)) as well as common property other than limited common property subject to the ''SPR'' (s 72(2)(b)).

	However, the adjudicator in [https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt161/2022bccrt161.html ''Tagle v The Owners, Strata Plan EPS 2604'', 2022 BCCRT 161] stated that there was nothing in the ''SPA'' that prevented the strata corporation from permitting owners to assume responsibility for common property maintenance and repair, and it will have acted reasonably in relying on those repairs ([https://www.canlii.org/en/bc/bccrt/doc/2021/2021bccrt205/2021bccrt205.html ''Wu v 238998 Investments Ltd.'', 2021 BCCRT 205]).

	The obligation on a strata corporation to repair and maintain will be assessed on a standard of reasonableness, that is, to do all that can reasonably be done. The court in [https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2462/2016bcsc2462.html ''The Owners, Strata Plan LMS 3539 v Ng'', 2016 BCSC 2462] held that a strata corporation can be liable in the tort of private nuisance to a strata lot owner for losses arising out of the failure of a common property pipe resulting in significant damage to the owner’s strata lot.		The obligation on a strata corporation to repair and maintain will be assessed on a standard of reasonableness, that is, to do all that can reasonably be done. The court in [https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2462/2016bcsc2462.html ''The Owners, Strata Plan LMS 3539 v Ng'', 2016 BCSC 2462] held that a strata corporation can be liable in the tort of private nuisance to a strata lot owner for losses arising out of the failure of a common property pipe resulting in significant damage to the owner’s strata lot.
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	=== 1. Strata Property Act and Standard Bylaws ===		=== 1. Strata Property Act and Standard Bylaws ===

	In general, the ''SPA'' contemplates that the strata corporation will be responsible for the repair and maintenance of limited common property. However, unlike in the case of common property, a strata corporation is permitted by bylaw to make an owner responsible for the repair and maintenance of limited common property that an owner has the right to use (s. 72(2)(a)).		In general, the ''SPA'' contemplates that the strata corporation will be responsible for the repair and maintenance of limited common property. However, unlike in the case of common property, a strata corporation is permitted by bylaw to make an owner responsible for the repair and maintenance of limited common property that an owner has the right to use (s 72(2)(a)).

	A strata corporation is responsible for the repair and maintenance of limited common property, again to a reasonableness standard, that occurs less frequently than once per year, as well as for the repair and maintenance of the following areas of limited common property no matter how often the repair or maintenance ordinarily occurs:		A strata corporation is responsible for the repair and maintenance of limited common property, again to a reasonableness standard, that occurs less frequently than once per year, as well as for the repair and maintenance of the following areas of limited common property no matter how often the repair or maintenance ordinarily occurs:
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	=== 2. Repair and Maintenance Expenses ===		=== 2. Repair and Maintenance Expenses ===

	The funds necessary for the repair and maintenance of the common property and common assets form part of the “common expenses” of a strata corporation (s. 1(1)). See ~~section 7 (~~Strata Corporation Finances) for a detailed breakdown of how strata corporation can raise funds to fulfill their duties, including repair and maintenance expenses, through the:		The funds necessary for the repair and maintenance of the common property and common assets form part of the “common expenses” of a strata corporation (s 1(1)). See [[Strata Corporation Finances (22:VII)]] for a detailed breakdown of how strata corporation can raise funds to fulfill their duties, including repair and maintenance expenses, through the:

	# Operating Fund;		# Operating Fund;
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	# Residential strata lot owners where there are different types of strata lots.		# Residential strata lot owners where there are different types of strata lots.

	Although the ''SPA'' provides no guidance on what constitute “significantly different purposes” for non-residential strata lots, s. 11.1 of the SPR sets out the following “different types” of residential strata lots recognized by the ''SPA'' for the purpose of creating sections:		Although the ''SPA'' provides no guidance on what constitute “significantly different purposes” for non-residential strata lots, section 11.1 of the SPR sets out the following “different types” of residential strata lots recognized by the ''SPA'' for the purpose of creating sections:

	# Apartment-style strata lots;		# Apartment-style strata lots;
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	===== Types =====		===== Types =====

	Unlike a strata corporation and section, the recognition of “types” within a strata corporation does not give rise to separate legal entities. Instead, the adoption of a bylaw that acknowledges the existence of different types of strata lots empowers a strata corporation (or a section) to allocate operating fund expenses relating solely to a particular type of strata lot to only the strata lots of that type.		Unlike a strata corporation and section, the recognition of “types” within a strata corporation does not give rise to separate legal entities. Instead, the adoption of a bylaw that acknowledges the existence of different types of strata lots empowers a strata corporation (or a section) to allocate operating fund expenses relating solely to a particular type of strata lot to only the strata lots of that type. Today, the recognition of types of strata lots functions mostly as a relic of the ''Condominium Act'', and they are not contemplated by modern strata corporations.

	~~In [https://www.canlii.org/en/bc/bcsc/doc/2006/2006bcsc1316/2006bcsc1316.html ''Fraser v Strata Plan VR 1411'', 2006 BCSC 1316]~~, the ~~court rejected an attempt to create “types” for the sole purpose~~ of ~~allocating responsibility for undertaking and paying for the cost~~ of ~~repair and maintenance of common property. In addition, s. 11.2(3)~~ of the ''~~SPR~~'' ~~provides that contributions to the contingency reserve fund and to a special levy~~, ~~even if raised to pay for the repair~~ and ~~maintenance of types within a section, must be levied against all~~ strata ~~lots in the section, regardless of type~~.

	==== b) Windows, Doors, and Skylights ====		==== b) Windows, Doors, and Skylights ====

	The ''SPA''’s definition of “common property” does not expressly deal with windows, doors, and skylights, making it difficult to decide how to repair and maintain these. This decision is very fact-dependant based on where a window, door, or skylight is installed, and it will be argued in different cases whether the window, door, ~~and~~ skylight is completely within a strata lot, on the boundary between the strata lot or completely within the common property.		The ''SPA'' definition of “common property” does not expressly deal with windows, doors, and skylights, making it difficult to decide how to repair and maintain these. This decision is very fact-dependant based on where a window, door, or skylight is installed, and it will be argued in different cases whether the window, door, or skylight is completely within a strata lot, on the boundary between the strata lot or completely within the common property.

	Standard Bylaw 8(c)(ii)(D) of the ''SPA'' makes the strata corporation responsible for all aspects of the maintenance of windows, doors, and skylights that are on the exterior of a building or that face common property. Even if the exterior-facing windows, doors, and skylights form part of the strata lot, the strata corporation would be responsible for the repair and maintenance of these areas ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2363/2016bcsc2363.html ''The Owners of Strata Plan NWS 254 v Hall'', 2016 BCSC 2363]).		Standard Bylaw 8(c)(ii)(D) of the ''SPA'' makes the strata corporation responsible for all aspects of the maintenance of windows, doors, and skylights that are on the exterior of a building or that face common property. Even if the exterior-facing windows, doors, and skylights form part of the strata lot, the strata corporation would be responsible for the repair and maintenance of these areas ([https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2363/2016bcsc2363.html ''The Owners of Strata Plan NWS 254 v Hall'', 2016 BCSC 2363]).

Clicklaw Editor: /* 2. Depreciation Reports */

2023-08-22T19:03:31Z

2. Depreciation Reports

← Older revision		Revision as of 19:03, 22 August 2023
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	:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and		:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and
	:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.		:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.
	# A depreciation report is required to include all of the following (SPR, s. 6.2(1)):		:3. A depreciation report is required to include all of the following (SPR, s. 6.2(1)):
	:::a) a physical inventory and evaluation that complies with s. 6.2(2);		:::a) a physical inventory and evaluation that complies with s. 6.2(2);
	:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;		:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;

Clicklaw Editor: /* 2. Depreciation Reports */

2023-08-22T19:02:13Z

2. Depreciation Reports

← Older revision		Revision as of 19:02, 22 August 2023
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	The requirements for a depreciation report are set out in section 94 of the ''SPA'', including:		The requirements for a depreciation report are set out in section 94 of the ''SPA'', including:

	~~::1.~~ The report must be obtained from a “qualified person”, a term defined in s. 6.2(6) of the ''SPR'' as “any person who has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation’s common property, common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair under the ''SPA'', the strata corporation’s bylaws or an agreement with an owner and to prepare a depreciation report that complies with [s. 6.2(1) to (4) of the ''SPR'']” (s. 94(2)).		# The report must be obtained from a “qualified person”, a term defined in s. 6.2(6) of the ''SPR'' as “any person who has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation’s common property, common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair under the ''SPA'', the strata corporation’s bylaws or an agreement with an owner and to prepare a depreciation report that complies with [s. 6.2(1) to (4) of the ''SPR'']” (s. 94(2)).
	~~::2.~~ A strata corporation must obtain a depreciation report in accordance with the following timelines (SPA, s. 94(2), SPR, s. 6.2(7)):		# A strata corporation must obtain a depreciation report in accordance with the following timelines (SPA, s. 94(2), SPR, s. 6.2(7)):
	:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and		:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and
	:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.		:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.
	~~::3.~~ A depreciation report is required to include all of the following (SPR, s. 6.2(1)):		# A depreciation report is required to include all of the following (SPR, s. 6.2(1)):
	:::a) a physical inventory and evaluation that complies with s. 6.2(2);		:::a) a physical inventory and evaluation that complies with s. 6.2(2);
	:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;		:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;

Clicklaw Editor: /* 2. Depreciation Reports */

2023-08-22T19:01:22Z

2. Depreciation Reports

← Older revision		Revision as of 19:01, 22 August 2023
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	The requirements for a depreciation report are set out in section 94 of the ''SPA'', including:		The requirements for a depreciation report are set out in section 94 of the ''SPA'', including:

	:1. The report must be obtained from a “qualified person”, a term defined in s. 6.2(6) of the ''SPR'' as “any person who has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation’s common property, common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair under the ''SPA'', the strata corporation’s bylaws or an agreement with an owner and to prepare a depreciation report that complies with [s. 6.2(1) to (4) of the ''SPR'']” (s. 94(2)).		::1. The report must be obtained from a “qualified person”, a term defined in s. 6.2(6) of the ''SPR'' as “any person who has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation’s common property, common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair under the ''SPA'', the strata corporation’s bylaws or an agreement with an owner and to prepare a depreciation report that complies with [s. 6.2(1) to (4) of the ''SPR'']” (s. 94(2)).
	:2. A strata corporation must obtain a depreciation report in accordance with the following timelines (SPA, s. 94(2), SPR, s. 6.2(7)):		::2. A strata corporation must obtain a depreciation report in accordance with the following timelines (SPA, s. 94(2), SPR, s. 6.2(7)):
	:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and		:::a) when a strata corporation was established on or before December 14, 2011, the first depreciation report must have been obtained no later than December 14, 2013, and
	:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.		:::b) when a strata corporation has already obtained at least one depreciation report, the next depreciation report must be obtained no later than three years after the date of the last report.
	:3. A depreciation report is required to include all of the following (SPR, s. 6.2(1)):		::3. A depreciation report is required to include all of the following (SPR, s. 6.2(1)):
	:::a) a physical inventory and evaluation that complies with s. 6.2(2);		:::a) a physical inventory and evaluation that complies with s. 6.2(2);
	:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;		:::b) a summary of repairs and maintenance work for common expenses respecting the items listed in s. 6.2(2)(b) that usually occur less often than once a year or do not usually occur;