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Common Property and Common Assets (22:V): Difference between revisions

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Common Property and Common Assets (22:V) (view source)

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→‎B. Responsibilities of the Strata Corporation
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* Obtaining and maintaining insurance, including for common property, common assets, and buildings shown on the strata plan (''SPA'', s 149(1)).
* Obtaining and maintaining insurance, including for common property, common assets, and buildings shown on the strata plan (''SPA'', s 149(1)).


If an owner developer enters the strata corporation into a long-term lease of common property or assets, the lease may be rendered void and unenforceable if a court finds that it benefits the owner developer to the detriment of present or future owners. However, such leases may also be upheld if the owner developer gave sufficient notice through the disclosure statement or the land title registry: see [https://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc774/2007bcsc774.html ''The Owners, Strata Plan VIS2968 v K.R.C. Enterprises Inc.'', 2007 BCSC 774].
Section 72(2)(a) of the ''SPA'' enables a strata corporation to pass a bylaw to make an owner responsible for limited common property that the owner has a right to use. However, a bylaw that purports to make an owner responsible for repair and maintenance of common property without a designation as limited common property is unenforceable ([https://canlii.ca/t/jx0ws ''Joyce v The Owners, Strata Plan EPS3046'', 2023 BCCRT 365]). On the other hand, a strata corporation may pass bylaws to make a section responsible for repairing and maintaining common property, as confirmed in [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc1690/2018bcsc1690.html ''Norenger Development (Canada) Inc. v Strata Plan NW 3271'', 2018 BCSC 1690].
 
Section 72(2)(a) of the ''SPA'' enables a strata corporation to pass a bylaw to make an owner responsible for limited common property that the owner has a right to use. However, a bylaw that purports to make an owner responsible for repair and maintenance of common property without a designation as limited common property is unenforceable: although section 72(2)(b) enables a bylaw to make an owner responsible for undesignated common property if identified in the ''SPR'', no such regulation has passed as of July 11, 2023. On the other hand, a strata corporation may pass bylaws to make a section responsible for repairing and maintaining common property, as confirmed in [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc1690/2018bcsc1690.html ''Norenger Development (Canada) Inc. v Strata Plan NW 3271'', 2018 BCSC 1690].


It may be possible for an owner to be responsible for repairing common property that they have altered, to the extent that the damage is attributable to the owner’s modifications rather than general wear, tear, and deterioration over time: see [https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc1665/2011bcsc1665.html ''Elahi v Owners, Strata Plan VR 1023'', 2011 BCSC 1665] at para 55.
It may be possible for an owner to be responsible for repairing common property that they have altered, to the extent that the damage is attributable to the owner’s modifications rather than general wear, tear, and deterioration over time: see [https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc1665/2011bcsc1665.html ''Elahi v Owners, Strata Plan VR 1023'', 2011 BCSC 1665] at para 55.
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