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Standard


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


COURT INTERVENTION INTO REPAIR AND MAINTENANCE
Where a strata corporation fails to meet its statutory obligations—whether through inaction, deadlock, or unreasonable decision-making—the courts retain the authority to intervene through mechanisms such as section 173(2) orders and Tadeson Orders.

Justin Hanson
Mar 274 min read


JUDICIAL DEFERENCE TO STRATA REPAIR AND MAINTENANCE DECISIONS
Strata corporations are not required to choose the best option or to replace a building component that can be repaired. Courts will not second-guess reasonable decisions of the councils as approved by the owners. Judicial intervention is limited to situations where the strata’s actions fall outside the bounds of reasonableness.

Justin Hanson
Mar 212 min read
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