Quick links
- BC Strata Housing: Paying for repair and maintenance in stratas
- BC Strata Housing: Division of repair duties in a strata
- Strata maintenance guides
- Renovations and alterations
Introduction
Understanding whether an owner, the strata corporation, or a strata section is responsible for the repair and maintenance of a component requires reading and interpreting the strata plan, Strata Property Act (SPA), and bylaws. It can be complicated and confusing. It’s often necessary to rely on decisions of the BC Supreme Court for interpretation.
The main questions are:
- Where is the component located?
- Is the component defined as common property under SPA s. 1 and s. 68?
- Has common property (CP) been designated as limited common property (LCP)?
- What do the bylaws say?
- Is there an indemnity agreement for an alteration?
Under the Standard Bylaws, a strata corporation in a bare land strata plan is not responsible to maintain and repair parts of a strata lot. See About Bare Land Strata Corporations to learn more.
Where is the component located?
Under SPA s. 72, the strata corporation must repair and maintain common property (CP) and common assets. Limited common property (LCP) is still CP. A LCP designation simply means that someone has the right of exclusive use of the CP.
How can you find out what is CP, LCP, or strata lot? This information is shown on the strata plan filed at the Land Title Office. See the article What is a strata plan? to learn more. Then check your strata plan to determine whether the component that needs repair is located on, or is part of, the CP, LCP, or a strata lot.
Is the component common property?
Since the SPA says the strata corporation must repair and maintain CP, including LCP, you need to understand what is and isn’t CP.
SPA s. 1 says common property means:
(a) that part of the land and buildings shown on a strata plan that is not part of a strata lot, and
(b) pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located
(i) within a floor, wall or ceiling that forms a boundary
(A) between a strata lot and another strata lot,
(B) between a strata lot and the common property, or
(C) between a strata lot or common property and another parcel of land, or
(ii) wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property;
SPA s. 68 explains the boundaries of a strata lot:
(1) Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.
(2) If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.
(3) A boundary shown on the strata plan must be shown in a manner approved by the registrar…
Has common property been designated as limited common property?
SPA s. 74 says that CP may be designated as LCP by a resolution passed by a 3/4 vote at an annual or special general meeting (AGM or SGM). The resolution passed at the AGM or SGM must be filed in the Land Title Office with a sketch plan that satisfies the registrar, defines the areas of LCP, and specifies each strata lot whose owners are entitled to the exclusive use of the LCP. It doesn’t take effect until it’s filed in the Land Title Office. This method of designating CP as LCP doesn’t require an amendment to the strata plan.
Why is this important? The bylaws identify who is responsible for repairs and maintenance based on whether it is CP, LCP, or part of a strata lot.
What do the bylaws say about repairs by owners?
The Standard Bylaws are the default bylaws of all strata corporations in BC. The Standard Bylaws apply except where different bylaws have been registered with the Land Title Office. Bylaws can be amended by a 3/4 vote of the owners at an AGM or SGM. If you’re not sure whether your strata has different bylaws, you can request a copy from the strata council or purchase them from the Land Title Office. Learn about bylaws and rules.
Standard Bylaw 2 sets out a strata owner’s responsibilities for repair and maintenance.
(1) An owner must repair and maintain the owner’s strata lot, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws.
(2) An owner who has the use of limited common property must repair and maintain it, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws.
SPA s. 72 says that the strata corporation may, by bylaw, make an owner responsible for the repair and maintenance of LCP that the owner has a right to use. For example, if Standard Bylaws 2 and 8 have not been amended, an owner could be made responsible for maintaining a LCP balcony or patio such as sweeping and keeping drains clear. However, the strata or strata section would still be responsible for the structure, railings, and major repairs.
The SPA does not have any regulations that would allow a strata corporation or section to make an owner responsible for the repair and maintenance of CP that has not been designated LCP.
It’s important to note that the SPA requires the strata to insure original fixtures installed in a strata lot by the owner developer. However, if there is no bylaw making the strata responsible for repairs, the strata corporation is not required to repair them or replace them due to wear and tear.
What do the bylaws say about repairs by the strata corporation?
While SPA s. 72 says the strata corporation must repair and maintain common property and common assets, Standard Bylaw 8 provides more detail. In Standard Bylaw 8 you’ll see that even parts of the strata lot are the strata’s responsibility to repair and maintain. Check to see if your strata has filed different bylaws with the Land Title Office.
Standard Bylaw 8: The strata corporation must repair and maintain all of the following:
(a) common assets of the strata corporation;
(b) common property that has not been designated as limited common property;
(c) limited common property, but the duty to repair and maintain it is restricted to
(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and
(ii) the following, no matter how often the repair or maintenance ordinarily occurs:
(A) the structure of a building;
(B) the exterior of a building;
(C) chimneys, stairs, balconies and other things attached to the exterior of a building;
(D) doors, windows and skylights on the exterior of a building or that front on the common property;
(E) fences, railings and similar structures that enclose patios, balconies and yards;
(d) a strata lot in a strata plan that is not a bare land strata plan, but the duty to repair and maintain it is restricted to
(i) the structure of a building,
(ii) the exterior of a building,
(iii) chimneys, stairs, balconies and other things attached to the exterior of a building,
(iv) doors, windows and skylights on the exterior of a building or that front on the common property, and
(v) fences, railings and similar structures that enclose patios, balconies and yards.
SPA s. 72 allows the strata corporation to pass bylaws to take responsibility for the repair and maintenance of specified portions of a strata lot. Some stratas pass bylaws to take responsibility for repair and maintenance of gas or wood-burning fireplaces, smoke alarms, and hot water tanks. These can be practical steps to save money, ensure safety, and reduce the frequency of insurance claims due to water damage.
Can an owner dictate how the strata repairs common property?
It’s up to the strata corporation to decide when and how to repair, maintain, or replace common property including limited common property. An individual owner has no standing to direct the strata council about who to hire, whether to repair or replace the item, the method of repair, etc. The Civil Resolution Tribunal describes it this way:
In fulfilling its duties under section SPA. s 72, the strata is held to a standard of reasonableness, not perfection. Individual owners are not entitled to dictate how the strata fulfills this obligation. The strata must often balance competing interests between owners. That involves implementing necessary repairs within a budget that the owners as a whole can afford and balancing competing needs and priorities. See Weir v. Owners, Strata Plan NW 17, 2010 BCSC 784, The Owners of Strata Plan NWS 254 v. Hall, 2016 BCSC 2363, and Swan v. The Owners, Strata Plan LMS 410, 2018 BCCRT 241.
Is there an indemnity agreement for an alteration?
Standard Bylaws 5 and 6 require that an owner receive written approval of the strata corporation before making an alteration to a strata lot or CP (including LCP). If approved, the strata corporation or strata section may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.
These examples of alterations could involve alterations to the CP (including LCP), a strata lot, or both:
- Adding a skylight
- Enclosing a patio, balcony, or deck
- Adding or replacing an exterior window or door
- Converting a wood-burning fireplace to gas
- Planting a tree or adding a flower bed
- Adding a pergola or fence
The council should search the strata corporation’s records for any alteration agreements or assumption of liability agreements that make the owner responsible for expenses related to the repair and maintenance of the alteration. Learn more about indemnity agreements in renovations and alterations.
Who pays? Examples
Strata lot: flooring, cabinets, and countertops
Strata owners are usually responsible for components within the boundaries of the strata lot such as carpet and flooring, the interior finishes of walls and ceilings, light fixtures, switches, outlets, kitchen cabinets, countertops, appliances, bathroom cabinets, countertops, and plumbing fixtures.
CP and LCP: building exterior and grounds
Strata corporations, except bare land stratas, are usually responsible for components such as roofs, siding, chimneys, gutters, perimeter drains, exterior windows and doors, parking lots, parkades, walkways, irrigation systems, fences, and more.
Garage doors
Townhouse owners often ask who is responsible for garage doors, cables, springs, motors, mechanisms, locks, and remotes. This depends on whether the garage is part of the strata lot, where the door is located in relation to the mid-point of the exterior wall, the bylaws, and other factors. In some cases, the CRT found that an owner is responsible for components such as a garage door spring. The conclusion may differ depending on the facts of a particular situation and the strata’s bylaws. See related CRT cases.
Gardens and trees
Owners often wish to add a flower bed or bushes at the front or back of their unit. If the area is part of the strata lot, an owner might be allowed to add plants. There may be bylaws about the types of plantings permitted and tidiness. If the area is LCP that the owner has a right to use, the strata corporation may, by bylaw, make an owner responsible for maintaining the garden. This does not give the owner the right to make any changes to the area. Under most bylaws, the owner must get written permission before altering LCP.
It is the strata’s responsibility to maintain CP lawns, gardens, and trees. The owner may not interfere with maintenance or make alterations without written permission.
Pests
In condominiums in particular, it’s practical for stratas to take responsibility for the control and removal of pests such as silverfish, ants, termites, mice, rats, and bedbugs even if they are reported in only one unit. Professional pest control contractors can take the appropriate measures to get the issue under control and prevent it from spreading.
Water leaks
The responsibility for repairs related to water leaks is complicated. In addition to interpreting the strata plan, SPA, and bylaws, lawyers must often rely on decisions of the BC Supreme Court to determine who is responsible for:
- Repairing a particular valve, pipe, or drain especially within a wall or ceiling. Owners are responsible for those portions that are within the boundaries of their strata lot and serve only it. The strata corporation is responsible for any portion that is common property, even if it serves only one strata lot. See Whose Pipe is it Anyway? by Shawn M. Smith.
- Repairing damage to a strata lot or CP resulting from a water leak
- The cost of emergency response such as a restoration contractor with drying equipment
- Costs related to the investigation of a water leak. For example, Civil Resolution Tribunal (CRT) cases have found that strata corporations are responsible for the cost of repairing access holes that are cut during an investigation to perform repairs of CP pipes. The strata has a duty to return the walls it opened up to a “paint-ready condition”. Beyond that, the strata is not responsible for interior strata lot repairs unless it was negligent. See related CRT cases.
Windows
Bylaws that make owners responsible for exterior windows and skylights are likely unenforceable as these exterior elements are generally considered to be CP. Unless otherwise shown on the strata plan, the boundary of the strata lot is midway between the surface of the structural portion of the wall that faces the strata lot and the surface of the structural portion of the wall that faces the CP (midway between the framing of the wall).
See the CRT decision: Spiteri v. The Owners, Strata Plan K664, 2022 BCCRT 1228. It explains the interpretation of whether an exterior window is CP on the strata plan, and who is responsible to repair and maintain it. CRT decisions do not set precedents like court decisions, however the interpretation in Spiteri is consistent with our understanding of SPA s. 1, 68, and 72.
When legal advice may be necessary
When in doubt, review the strata plan and bylaws carefully and seek legal advice if necessary. Conflict can occur when interpreting responsibility for repair and maintenance of specific pipes or drains, fireplaces, heat pumps, attics and basements, garage door components, alterations by previous owners, and unapproved alterations.
Additionally, in older stratas, the application of previous versions of strata law, such as the Condominium Act, can further complicate interpretation. For example, if glass enclosures need to be removed from balconies or patios to perform work on the building, council should seek legal advice to determine who pays to remove the enclosure, store it, and reinstall it after building repairs have been completed. See VISOA’s Bulletin article Who is Responsible for Owner-installed Balcony Enclosures?
Member-only Resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Strata alterations – Everything you ever wanted to know (28-page article by Shawn M. Smith, Cleveland Doan LLP)
- Indemnity Agreement for strata lot and common property alterations
- Coming soon: Maintenance check list for strata corporations*
