Common Property and Common Assets (22:V): Difference between revisions
From Clicklaw Wikibooks
→G. Various Uses of Common Property
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# The bylaws and rules; | # The bylaws and rules; | ||
# The location of the common property; | # The location of the common property; | ||
# The strata corporation’s duty to manage and maintain common property and assets for the benefit of the owners; | # The strata corporation’s duty to manage and maintain common property and assets for the benefit of the owners; and | ||
# The owner developer’s disclosure statement. | # The owner developer’s disclosure statement. | ||
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=== 2. The Roof === | === 2. The Roof === | ||
Roofs are common property, unless designated as limited common property on the strata plan for the benefit of all strata lots of a section. As common property, roofs are the responsibility of the strata corporation; as limited common property, the roof | Roofs are common property, unless designated as limited common property on the strata plan for the benefit of all strata lots of a section. As common property, roofs are the responsibility of the strata corporation; as limited common property, depending on the bylaws, the roof may be the responsibility of its assigned section. | ||
=== 3. Gardens and Back Yards === | === 3. Gardens and Back Yards === | ||
A garden or back yard adjacent to a strata lot is common property, unless designated on the strata plan as limited common property or part of the adjacent strata lot | A garden or back yard adjacent to a strata lot is common property, unless designated on the strata plan as limited common property or part of the adjacent strata lot. | ||
Unless exclusive use is granted under section 76 of the ''SPA'', the owner of the strata lot beside a common property garden or yard is not entitled to exclusive use. As with all other common property, alterations to a common property garden or yard requires the approval of the strata corporation. Therefore, it is advisable for a strata lot owner to ascertain whether a garden or yard is part of their strata lot or the common property before proceeding with alterations. | Unless exclusive use is granted under section 76 of the ''SPA'', the owner of the strata lot beside a common property garden or yard is not entitled to exclusive use. As with all other common property, alterations to a common property garden or yard requires the approval of the strata corporation. Therefore, it is advisable for a strata lot owner to ascertain whether a garden or yard is part of their strata lot or the common property before proceeding with alterations. | ||
