Common Property and Common Assets (22:V): Difference between revisions
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→A. Introduction to Common Property and Common Assets
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== A. Introduction to Common Property and Common Assets == | == A. Introduction to Common Property and Common Assets == | ||
Property in a strata corporation that is not part of a strata lot is common property. Common property is a frequent source of disputes between strata lot owners and strata corporations, often over whether a strata owner has the right to use it or who is responsible for repairs or maintenance. Generally, the responsibility for repairs and maintenance are divided as follows: the strata corporation is responsible for the common property, while strata owners are responsible for their respective strata lots. Most strata corporations have bylaws modifying this general rule for certain building components. | |||
While common property is usually for the use and benefit of all the strata lot owners of a strata corporation, a strata corporation may grant short | While common property is usually for the use and benefit of all the strata lot owners of a strata corporation, a strata corporation may grant short-term exclusive use of common property or a common asset to a one or more owners. A strata corporation may also restrict access to common property areas where there are reasonable, operational reasons for doing so, such as mechanical rooms. | ||
=== 1. Definition and Use of Common Property === | === 1. Definition and Use of Common Property === | ||
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In a bare land strata plan, the land itself is divided into strata lots. As a result, much of a building constructed on a strata lot, including even the exterior, are not considered common property. The common property would be limited to roads, sidewalks, and recreational facilities that do not fall within a strata lot. Underground services that service more than one strata lot would also be common property. | In a bare land strata plan, the land itself is divided into strata lots. As a result, much of a building constructed on a strata lot, including even the exterior, are not considered common property. The common property would be limited to roads, sidewalks, and recreational facilities that do not fall within a strata lot. Underground services that service more than one strata lot would also be common property. | ||
When a component of a system or service, such as water, mechanical, or electrical systems, is located on the common property, they are common property even if it only serves on strata lot: for instance, see [https://www.canlii.org/en/bc/bccrt/doc/2017/2017bccrt122/2017bccrt122.html ''Newman v The Owners, Strata Plan EPS 680'', 2017 BCCRT 122]. The location of these physical components is typically not marked on the strata plan, | When a component of a system or service, such as water, mechanical, or electrical systems, is located on the common property, they are common property even if it only serves on strata lot: for instance, see [https://www.canlii.org/en/bc/bccrt/doc/2017/2017bccrt122/2017bccrt122.html ''Newman v The Owners, Strata Plan EPS 680'', 2017 BCCRT 122]. The location of these physical components is typically not marked on the strata plan, but it is usually possible to draw reasonable inferences. | ||
===== Fixtures as Common Property ===== | ===== Fixtures as Common Property ===== | ||
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=== 2. Designation of Limited Common Property === | === 2. Designation of Limited Common Property === | ||
The strata corporation can designate common property as limited common property (“LCP”) for the exclusive use of one or more strata lot owners. This is different from the ''SPA'' section 76 procedure to grant short-term exclusive use of common property. | The strata corporation can designate common property as limited common property (“LCP”) for the exclusive use of one or more strata lot owners. This is different from the ''SPA'' section 76 procedure to grant short-term exclusive use of common property. Frequent examples include patios and balconies. This is often done to allocate the responsibility for repairs and maintenance to the strata corporation. | ||
Section 1(1) of the ''SPA'' defines LCP as common property “designated for the exclusive use of the owners of one or more strata lots.” Because LCP is created by designation, common property that happens to be physically accessible to only a subset of strata lot owners does not automatically make it LCP: see [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc1502/2018bcsc1502.html ''The Owners, Strata Plan LMS 1162 v Triple P Enterprises Ltd.'', 2018 BCSC 1502] at paras 24 – 26 and [https://www.canlii.org/en/bc/bcsc/doc/2004/2004bcsc1613/2004bcsc1613.html ''Poole v Owners, Strata Plan VR 2506'', 2004 BCSC 1613]. | Section 1(1) of the ''SPA'' defines LCP as common property “designated for the exclusive use of the owners of one or more strata lots.” Because LCP is created by designation, common property that happens to be physically accessible to only a subset of strata lot owners does not automatically make it LCP: see [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc1502/2018bcsc1502.html ''The Owners, Strata Plan LMS 1162 v Triple P Enterprises Ltd.'', 2018 BCSC 1502] at paras 24 – 26 and [https://www.canlii.org/en/bc/bcsc/doc/2004/2004bcsc1613/2004bcsc1613.html ''Poole v Owners, Strata Plan VR 2506'', 2004 BCSC 1613]. | ||
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# By the owner developer on the strata plan deposited in the Land Title Office; | # By the owner developer on the strata plan deposited in the Land Title Office; | ||
# By the owner developer designating parking stalls as limited common property under section 258; | # By the owner developer designating parking stalls as limited common property under section 258; | ||
# By an amendment to the strata plan under section 257; | # By an amendment to the strata plan under section 257; or | ||
# By a resolution passed by a ¾ vote under section 74. | # By a resolution passed by a ¾ vote under section 74. | ||
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# Land that is shown as a strata lot on the strata plan. | # Land that is shown as a strata lot on the strata plan. | ||
A somewhat common example of a common asset is a strata lot owned by a strata corporation as a caretaker’s suite or a guest suite for owners’ visitors | A somewhat common example of a common asset is a strata lot owned by a strata corporation as a caretaker’s suite or a guest suite for owners’ visitors. Examples of personal property common assets include equipment and websites owned by the strata corporation. | ||
== B. Responsibilities of the Strata Corporation == | == B. Responsibilities of the Strata Corporation == | ||