REPAIR AND MAINTENANCE – STANDARD OF REASONABLENESS

"I make no apologies for being reasonable." -- Barack Obama

WHAT IS THE STRATA CORPORATION’S DUTY TO REPAIR?

The duty to repair and maintain common property and those parts of the strata lot that is has taken responsibility for under the bylaws is one of the most important obligations imposed on a strata corporation. Owners often assume that this duty requires the strata corporation to immediately carry out repairs, replace a building component instead of repair it, or implement the best possible solution to every problem. However, the law has clearly established that a strata corporation’s duty is governed by a standard of reasonableness, not perfection.

Understanding how this standard operates—and how courts treat decisions made by strata councils and owners—is essential to evaluating whether a strata corporation has met its obligations.

WHAT DOES REPAIR AND MAINTAIN MEAN?

Section 72 of the Strata Property Act requires a strata corporation to repair and maintain common property.  The words “repair” and “maintain” are interpreted broadly, such that a strata corporation’s duty to repair and maintain includes a duty to inspect, a duty to repair, and a duty to replace if necessary.

The strata corporation’s obligations are not absolute. Instead the obligation to repair and maintain is measured against what is reasonable in the circumstances.

The courts have repeatedly confirmed that:

• A strata corporation must act reasonably, not perfectly.

• Budgetary constraints are a legitimate and necessary consideration.

• The strata must balance competing interests among owners.

This means that even where multiple repair options exist—such as “good, better, or best”—the strata is entitled to choose a reasonable solution rather than the optimal or most expensive one.

BALANCING COSTS AND COMPETING INTERESTS

In carrying out its duty, a strata corporation must act in the best interests of all owners. This requires balancing:

• The cost of repairs.

• The financial capacity of the ownership group.

• The urgency and severity of the issue.

• Competing repair priorities within the building.

The obligation is therefore not simply to fix every problem immediately, but to do so in a way that achieves the greatest overall benefit for the ownership as a whole.

DOES THE COUNCIL HAVE DISCRETION REGARDING PRIORITIZATION OR REPAIRS?

The law also recognizes that strata councils must make practical decisions about timing and scope of repairs and as such the courts and tribunals have confirmed that:

• Owners cannot dictate how repairs are carried out.

• Strata corporations are entitled to prioritize repairs.

• Decisions about scope, timing, and funding fall within council discretion, so long as the Council is making reasonable decisions.

This allows strata corporations to manage complex buildings in a structured and financially sustainable way.

CONCLUSION ON THE DUTY TO REPAIR AND MAINTAIN.

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.