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Difference between revisions of "Common Property and Common Assets (22:V)"
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Common Property and Common Assets (22:V) (view source)
Revision as of 18:18, 22 August 2023
, 18:18, 22 August 2023→1. Definition and Use of Common Property
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=== 1. Definition and Use of Common Property === | === 1. Definition and Use of Common Property === | ||
Section 1(1) of the ''SPA'' | Section 1(1) of the ''SPA'' defines common property as follows: | ||
:(a) that part of the land and buildings shown on a strata plan that is not part of a strata lot, and | |||
:(b) pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located | |||
::(i) within a floor, wall or ceiling that forms a boundary | |||
:::(A) between a strata lot and another strata lot, | |||
:::(B) between a strata lot and the common property, or | |||
:::(C) between a strata lot or common property and another parcel of land, or | |||
::(ii) wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property. | |||
==== a) “Not Part of a Strata Lot” ==== | ==== a) “Not Part of a Strata Lot” ==== | ||
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For instance, in [https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt793/2022bccrt793.html ''Young v The Owners, Strata Plan 111'', 2022 BCCRT 793], the tribunal ruled that a chimney and deck installed on common property by a previous owner had become common property due to being a fixture. As a result, the strata corporation’s bylaw to make the subsequent owner responsible for their repair and maintenance was unenforceable due to the limitations from section 72 of the ''SPA'' on a strata corporation’s ability to make individual owners responsible for common property that is not limited common property. | For instance, in [https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt793/2022bccrt793.html ''Young v The Owners, Strata Plan 111'', 2022 BCCRT 793], the tribunal ruled that a chimney and deck installed on common property by a previous owner had become common property due to being a fixture. As a result, the strata corporation’s bylaw to make the subsequent owner responsible for their repair and maintenance was unenforceable due to the limitations from section 72 of the ''SPA'' on a strata corporation’s ability to make individual owners responsible for common property that is not limited common property. | ||
==== b) “Pipes, Wires, Cables, Chutes, Ducts and Other Facilities” === | ==== b) “Pipes, Wires, Cables, Chutes, Ducts and Other Facilities” ==== | ||
===== “Within a Floor, Wall or Ceiling that Forms a Boundary” ===== | ====== “Within a Floor, Wall or Ceiling that Forms a Boundary” ====== | ||
When these components are found inside a wall that divides a strata lot from another strata lot, the common property, or another land parcel, the components are considered common property. This remains true even if the component in question only benefits one strata lot. The Civil Resolution Tribunal has found a number of such “well-embedded objects” to be common property: | When these components are found inside a wall that divides a strata lot from another strata lot, the common property, or another land parcel, the components are considered common property. This remains true even if the component in question only benefits one strata lot. The Civil Resolution Tribunal has found a number of such “well-embedded objects” to be common property: | ||
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# The bylaws and rules; | # The bylaws and rules; | ||
# The location of the common property; | # The location of the common property; | ||
# The strata corporation’s duty to manage and maintain common property and assets for the | # The strata corporation’s duty to manage and maintain common property and assets for the benefit of the owners; | ||
benefit of the owners; | |||
# The owner developer’s disclosure statement. | # The owner developer’s disclosure statement. | ||
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The most common use of section 76 is to assign owners to parking stalls that are common property. Another possible use of section 76 is common property that is only accessible through one strata lot, such as some yards or patios. Section 76 enables the strata corporation to regulate the area’s use differently across time. | The most common use of section 76 is to assign owners to parking stalls that are common property. Another possible use of section 76 is common property that is only accessible through one strata lot, such as some yards or patios. Section 76 enables the strata corporation to regulate the area’s use differently across time. | ||
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