Owners' Right to Access Common Property

“You might use it if you feel better – When you get home”

Rikki Don’t Lose That Number by Steely Dan

CAN THE RIGHT TO ACCESS COMMON PROPERTY BE RESTRICTED?

The Common Property is owned by the Owners together as tenants in common (see our article explaining this). As an Owner, you may own the Common Property, but this does not entitle you to an inalienable right to access all Common Property as you would your living room. The right to access Common Property can be restricted.

CAN THE COUNCIL RESTRICT THE RIGHT TO ACCESS COMMON PROPERTY?

The Strata Property Act provides several instances where a Council can restrict the Owners’ right to access Common Property without an approving vote of the Owners.

These instances usually involve giving one Owner an exclusive right to use the Common Property over others, such as by:

• Giving an Owner exclusive use of Common Property for not longer than a year (see our article explaining exclusive use agreements),

• Leasing Common Property to an individual.

A Council can also reasonably restrict the Owners’ right to access Common Property without giving one Owner an exclusive right to use the Common Property, such as by:

• Denying an Owner the right to use a Common Property recreational facility for a reasonable amount of time if the Owner breaches a bylaw or rule relating to the recreational facility,

• Restrict access to certain Common Property, such as a roof or mechanical room, either by rule or bylaw. See our article describing the considerations when restricting access to Common Property.

CAN THE OWNERS AGREE TO RESTRICT ACCESS TO COMMON PROPERTY?

The Strata Property Act provides several instances where a Strata can restrict the Owners’ right to access Common Property with an approving vote of the Owners, such as by:

• Designating Common Property as Limited Common Property for the exclusive use of one or more Owners. See our articles on the designation of Limited Common Property by amendment of the Strata Plan and by registering a sketch plan.

• Adopting a bylaw to restrict access to certain Common Property, such as a roof or electrical room.

THE RIGHT TO ACCESS COMMON PROPERTY CAN BE RESTRICTED

The Owners may own the Common Property, but this does not entitle them to an inalienable right to access and use the Common Property. The right to access Common Property can be restricted, and is often restricted, by the Strata with and without Owner approval.