Responsibility for the Repair and Maintenance of Common Property

WHO MUST REPAIR AND MAINTAIN STRATA COMMON PROPERTY?

The repair and maintenance of Common Property is important to all Owners. Owners need to understand when the Strata is responsible for repair and maintenance and when that responsibility can be transferred to a specific owner or group of owners.

The Strata is responsible for the repair and maintenance of all Common Property, unless there is a bylaw making an Owner responsible for Limited Common Property that is designated for the benefit of their Strata Lot.

The allocation of responsibility determines not only who must arrange for repairs, but also who bears the cost. Clear understanding reduces disputes and allows the strata to respond efficiently to any issues as they arise.

MUST THE STRATA ARRANGE AND PAY FOR THE REPAIR OF ALL COMMON PROPERTY?

Common Property is everything shown on the strata plan that is not part of a Strata Lot, as well as those portions of a Strata Lot that are pipes, wires, and other similar services that run through walls, ceilings, and floors that separate Strata Lots from each other or the Common Property. We have an article on the boundaries of a Strata Lot that provides more detail on whether a wall, ceiling or floor is part of a Strata Lot.

The presumption is that the Strata is responsible for repair and maintenance of the Common Property. This means that the Strata must arrange and pay for repairs to the Common Property. This arrangement centralizes responsibility and allows repairs to be funded collectively.

This presumption can only be rebutted in the narrow situation where Common Property has been designated as Limited Common Property to an Owner. It is not rebutted on the basis that the Strata believes that an Owner gets a benefit from the Common Property that is more than the benefit to the other Owners.

WHEN CAN AN OWNER BE RESPONSIBLE FOR THE REPAIR AND MAINTENANCE OF COMMON PROPERTY?

The Strata can designate areas of the Common Property for the exclusive use of one or more strata lots as Limited Common Property. When this occurs, the Strata needs to decide who is responsible for its repair and maintenance: the Strata or the owners who have exclusive use.  

Although Limited Common Property can be used only by specific Owners, it remains owned by all Owners. For that reason, the Strata may choose to retain responsibility for its repair and maintenance. This is probably prudent when the failure to maintain this property causes a risk for all Owners.

An example would be a roof that was designated as Limited Common Property for a Strata Lot – in that situation it is important to several owners that the roof is maintained, even if they don’t get the benefit of being able to use the roof.  

Alternatively, the Strata can adopt a bylaw making Owners that have the benefit of the Limited Common Property responsible for its repair and maintenance. This allows upkeep to be handled by those who benefit from the Limited Common Property. This is appropriate when there is very limited risk to all owners if there is improper maintenance.

For example, if the land around a ground level Strata Lot was designated as a Limited Common Property “yard” it may make sense to require the owners of that strata lot to maintain it.

STRATAS MUST UNDERSTAND WHO IS RESPONSIBLE FOR THE REPAIR AND MAINTENANCE OF COMMON PROPERTY

There is a presumption that a Strata is responsible for repair and maintenance of Common Property. While Limited Common Property may be designated for the use of specific owners, responsibility remains with the Strata unless the bylaws provide otherwise. Clear allocation of responsibility helps ensure repairs are carried out promptly, and costs are properly assigned.