Common Property and Common Assets (22:V): Difference between revisions
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→2. Windows, Doors, and Skylights
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If Standard Bylaw 8 is still in effect for a strata corporation, such building components are the responsibility of the strata corporation in all situations. Otherwise, the strata corporation may pass an alternative bylaw charging it with responsibility for windows, doors, and skylights that are part of a strata lot, as permitted by section 72(3) of the ''SPA''. | If Standard Bylaw 8 is still in effect for a strata corporation, such building components are the responsibility of the strata corporation in all situations. Otherwise, the strata corporation may pass an alternative bylaw charging it with responsibility for windows, doors, and skylights that are part of a strata lot, as permitted by section 72(3) of the ''SPA''. | ||
The CRT has found windows, doors, and skylights that straddle strata lot boundaries to be common property: see for instance [https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt227/2018bccrt227.html ''Seymour et al v The Owners, Strata Plan VR2697'', 2018 BCCRT 227] at para 25. This makes any bylaw making individual owners responsible for their repair and maintenance unenforceable due to section 72(2)(b) of the ''SPA''. | The CRT has found windows, doors, and skylights that straddle strata lot boundaries to be common property: see for instance [https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt227/2018bccrt227.html ''Seymour et al v The Owners, Strata Plan VR2697'', 2018 BCCRT 227] at para 25. Building components such as insulation that straddle the boundary between common property and a strata lot as defined in the ''SPA'' have been found to be entirely common property: see [https://canlii.ca/t/jzq9c ''Tang v. The Owners, Strata Plan VR656'', 2023 BCCRT 699], at para 37. This makes any bylaw making individual owners responsible for their repair and maintenance unenforceable due to section 72(2)(b) of the ''SPA''. | ||
== F. Implied Easements == | == F. Implied Easements == | ||