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Difference between revisions of "Common Property and Common Assets (22:V)"
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Common Property and Common Assets (22:V) (view source)
Revision as of 18:17, 22 August 2023
, 18:17, 22 August 2023→b) “Pipes, Wires, Cables, Chutes, Ducts and Other Facilities”
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For instance, in [https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt793/2022bccrt793.html ''Young v The Owners, Strata Plan 111'', 2022 BCCRT 793], the tribunal ruled that a chimney and deck installed on common property by a previous owner had become common property due to being a fixture. As a result, the strata corporation’s bylaw to make the subsequent owner responsible for their repair and maintenance was unenforceable due to the limitations from section 72 of the ''SPA'' on a strata corporation’s ability to make individual owners responsible for common property that is not limited common property. | For instance, in [https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt793/2022bccrt793.html ''Young v The Owners, Strata Plan 111'', 2022 BCCRT 793], the tribunal ruled that a chimney and deck installed on common property by a previous owner had become common property due to being a fixture. As a result, the strata corporation’s bylaw to make the subsequent owner responsible for their repair and maintenance was unenforceable due to the limitations from section 72 of the ''SPA'' on a strata corporation’s ability to make individual owners responsible for common property that is not limited common property. | ||
=== b) “Pipes, Wires, Cables, Chutes, Ducts and Other Facilities” === | ==== b) “Pipes, Wires, Cables, Chutes, Ducts and Other Facilities” ==== | ||
===== “Within a Floor, Wall or Ceiling that Forms a Boundary” ===== | ====== “Within a Floor, Wall or Ceiling that Forms a Boundary” ====== | ||
When these components are found inside a wall that divides a strata lot from another strata lot, the common property, or another land parcel, the components are considered common property. This remains true even if the component in question only benefits one strata lot. The Civil Resolution Tribunal has found a number of such “well-embedded objects” to be common property: | When these components are found inside a wall that divides a strata lot from another strata lot, the common property, or another land parcel, the components are considered common property. This remains true even if the component in question only benefits one strata lot. The Civil Resolution Tribunal has found a number of such “well-embedded objects” to be common property: | ||
