What Is Limited Common Property

“Nothing here but history – Can you see what has been done”

The Caves of Altamira by Steely Dan

WHAT IS LIMITED COMMON PROPERTY?

Limited Common Property is Common Property designated for the exclusive use of the Owners of one or more Strata Lots. Limited Common Property is often used to give Owners exclusive use of Common Property parking stalls, patios, balconies, and yards.

An Owner with Limited Common Property receives certain rights to use the Limited Common Property. These rights, however, can also be accompanied by responsibilities.

Limited Common Property is specifically identified either on the Strata Plan or in a sketch plan filed with the Land Title Office. We have an article about amending the Strata Plan to designate Limited Common Property and another article on designating Limited Common Property by a sketch plan.

CAN THE SAME LIMITED COMMON PROPERTY BE ALLOCATED TO MULTIPLE OWNERS?

Common Property is often designated as Limited Common Property for the exclusive use of a single Strata Lot. For example, a Common Property balcony designated as Limited Common Property for the attached Strata Lot.

Common Property can also be designated as Limited Common Property for multiple Strata Lots. For example, a Common Property parking lot designated as Limited Common Property for a dozen Strata Lots.

Common Property can also be designated as Limited Common Property for an entire section of Owners. We have an article explaining what a section is. For example, in a Strata consisting of townhomes and an apartment building, the elevator can be designated as Limited Common Property for all the Owners living in the apartment building.

WHAT RIGHTS COME WITH LIMITED COMMON PROPERTY?

An Owner who has been allocated Limited Common Property has a nearly exclusive right to use the Limited Common Property.

The exclusive use of the Limited Common Property is subject, of course, to the Strata’s bylaws and rules. We have an article describing the scope of a Strata's bylaws.

The exclusive use is also subject to the Strata’s right to access the Limited Common Property to carry out its various responsibilities, such as repair and maintenance.

WHAT RESPONSIBILITIES COME WITH LIMITED COMMON PROPERTY?

A Strata must repair and maintain the Common Property. A Strata is not necessarily required to repair and maintain Limited Common Property. The responsibility to repair and maintain Limited Common Property is determined by the bylaws.

A Strata’s bylaws often divide the responsibility to repair and maintain Limited Common Property between the Strata and Owners. It is common for bylaws to allocate all repairs occurring less than once a year to the Strata and all repairs occurring more than once a year to the Owners.

HOW IS LIMITED COMMON PROPERTY CREATED?

There are a four different ways to create Limited Common Property. Limited Common Property can be created by:

• A 3/4 vote of the Owners and the filing of a sketch plan in the Land Title Office indicating the Limited Common Property area. See our article describing this process.

• A unanimous vote of the Owners amending the Strata Plan to designate Limited Common Property. See our article regarding this process.

• The owner developer filing a Strata Plan including Limited Common Property.

• The owner developer, before the Strata’s first annual general meeting, amending the Strata Plan to designate parking as Limited Common Property.

HOW DO I KNOW IF THERE IS LIMITED COMMON PROPERTY?

You cannot know just by looking at a parking stall, patio, balcony, or yard if it is a part of a Strata Lot, Common Property, or Limited Common Property. You must review the documents filed in the Land Title Office.

The Strata Plan is a good place to start as Limited Common Property is often indicated on the Strata Plan. In addition to the Strata Plan, Limited Common Property can be described on a sketch plan filed separately in the Land Title Office.

We have an article describing how to get a copy of the Strata Plan.

LIMITED COMMON PROPERTY IS ACCOMPANIED BY RIGHTS AND RESPONSIBILITIES

Limited Common Property is a means to allocate an Owner the exclusive use of Common Property. The allocation of Limited Common Property includes certain rights, such as exclusive use, but it can also include certain obligations, such as repair responsibilities.

An Owner interested in learning more about Limited Common Property in their Strata should access the Strata’s records filed in the Land Title Office. These records, such as Strata Plan amendments and Limited Common Property designations, are held by the Council and will be provided on request. These records will show a history of Limited Common Property designations created and removed.