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