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ARTICLE TAGS IN
Repair
Repair of Common Property and Significant Unfairness
once a repair has become genuinely necessary, deferring it stops being a practical option, and continuing to defer it can cross from an ordinary delay into an oppressive breach of the Strata's own duty, with real financial consequences. A robust and resilient Strata Community moves from investigation to action once a repair is actually needed, rather than treating "eventually" as a substitute for a plan.
Trevor Morley
Jul 33 min read
PIPE DREAMS -- The Death of the PT SL Pipe. A Commentary on the Misapplication of Taychuk and Fudge by Justin Hanson
What has emerged in recent years is not a clarification of the law governing pipes and drains in strata corporations, but a troubling distortion of it. A growing line of Civil Resolution Tribunal decisions has drifted from that framework, elevating an overly broad reading of Taychuk v. Strata Plan LMS 744 and Fudge v. Strata Plan NW 2636 into something approaching a blanket rule that any pipe or drain connected to a larger system is common property.
Justin Hanson
May 1516 min read
REPAIR AND MAINTENANCE – STANDARD OF REASONABLENESS
The duty to repair and maintain common property is governed by a flexible and practical standard. Strata corporations must act reasonably, balancing cost, necessity, and the interests of all owners.
Justin Hanson
Apr 32 min read
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