Common Property and Common Assets (22:V): Difference between revisions
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→F. Implied Easements
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Section 77 of the ''SPA'' require owners to give the strata corporation reasonable access to common property in order to perform its duties, such as the duty to repair limited common property whose responsibility still rests on the strata corporation as per its bylaws. This is largely relevant for situations where common property is only accessible through a strata lot, such as a limited common property balcony accessible only through one strata lot. | Section 77 of the ''SPA'' require owners to give the strata corporation reasonable access to common property in order to perform its duties, such as the duty to repair limited common property whose responsibility still rests on the strata corporation as per its bylaws. This is largely relevant for situations where common property is only accessible through a strata lot, such as a limited common property balcony accessible only through one strata lot. | ||
What constitutes “reasonable access” depends on the bylaws. In Standard Bylaw 7, 48 hours’ notice of | What constitutes “reasonable access” depends on the bylaws. In Standard Bylaw 7, 48 hours’ notice to inspect, repair or maintain common property or other portions of the strata lot that are the responsibility of the strata corporation to repair and maintain requires an owner, tenant, occupant, or visitor to grant the strata corporation access to property that is under the responsibility of the strata corporation. If the owner continues to refuse access, the strata corporation may apply for a court or CRT order to obtain access. | ||
In [https://www.canlii.org/en/bc/bcsc/doc/2004/2004bcsc1613/2004bcsc1613.html ''Poole v Owners, Strata Plan VR 2506'', 2004 BCSC 1613], the court upheld that an owner with authorized access to limited common property has a similar right to refuse unreasonable access by the strata corporation to common property. | In [https://www.canlii.org/en/bc/bcsc/doc/2004/2004bcsc1613/2004bcsc1613.html ''Poole v Owners, Strata Plan VR 2506'', 2004 BCSC 1613], the court upheld that an owner with authorized access to limited common property has a similar right to refuse unreasonable access by the strata corporation to common property. | ||