Stratify Your Plex | Limited Common Property
Limited Common Property in a Small Strata
Limited common property is shared property that the strata plan sets aside for one or more units only, such as a yard, a deck or a parking stall. All the owners still own it together, the strata still controls it, and the owner who uses it does the everyday repairs. In a duplex to sixplex, most of the outdoor space is often limited common property, so where you draw it on the plan decides who uses each part of the lot and who pays to fix it.
The Short Answer
- 01Limited common property (LCP) is common property set aside for the use of one or more strata lots only, such as a back yard, a deck or a parking stall (Strata Property Act s.1).
- 02The owner developer can mark it on the strata plan before deposit (s.73). After that it takes a unanimous vote to amend the plan (s.257), or a 3/4 vote filed with a sketch plan (s.74).
- 03Under the Standard Bylaws, the owner who uses LCP repairs it. The strata repairs work that comes less often than once a year, plus structure, exterior, balconies, windows and fences (Standard Bylaws 2 and 8).
- 04LCP is still common property. The strata controls it and insures it, and you need the strata's written approval to change it (Standard Bylaw 6).
- 05A significant change to the look or use of common property, LCP included, needs a 3/4 owner vote unless it is urgent for safety or to prevent significant loss (s.71).
Four Words on Every Strata Plan
These four terms come from section 1 of the Strata Property Act. Every part of a strata plan falls into one of the first three.
| Term | Meaning | Source |
|---|---|---|
| Strata lot | A lot shown on the strata plan. In a building, its edge runs through the middle of the wall, floor or ceiling it shares with the next lot or with common property, unless the plan shows another line. | Act s.1, s.68 |
| Common property | Land on the plan that is outside every strata lot, plus pipes, wires and ducts inside boundary walls or serving other lots. All owners own it in unit entitlement shares. | Act s.1, s.66 |
| Limited common property | Common property designated for the exclusive use of one or more strata lots. | Act s.1 |
| Common asset | Property the strata corporation itself owns, such as land registered in its name. Buying land needs a 3/4 vote. | Act s.1 |
On the plan, the legend explains the labels. In the Province's sample plan, SL means strata lot, C means common property, and limited common property carries the lot number after a letter: P for patio, PR for porch, W for bay window. The strata plan page explains how to read the rest.
How Limited Common Property Is Designated
The easy time is before the plan is deposited, when the owner developer holds every lot. After the first sale, each route needs the other owners.
| When | Who | How | Source |
|---|---|---|---|
| On the plan, before deposit | Owner developer | Shown on the strata plan it deposits. | Act s.73(a) |
| Parking stalls, before the first AGM | Owner developer | Plan amendment that designates parking stalls as LCP. | Act s.258 |
| Any time after deposit | Owners | Unanimous vote and an amendment to the strata plan. | Act s.257 |
| Any time after deposit | Owners | 3/4 vote, filed at the Land Title Office with a sketch plan. Takes effect only when filed. | Act s.74 |
The vote counts matter in a small strata. A 3/4 vote counts the votes cast by owners present who do not abstain. If every owner votes, one "no" blocks it in a 2-lot or 3-lot strata, and 3 of 4 pass it in a 4-lot strata. A unanimous vote counts every eligible voter, present or not, and no court can override one holdout in a strata under 10 lots (s.52). After the first sale and before the first AGM, most 3/4 resolutions need a unanimous vote (s.11). The vote calculator works out each case.
A 3/4 designation under s.74 does nothing until it is filed at the Land Title Office with its sketch plan. The strata keeps resolutions about limited common property in its records permanently (Regulation s.4.1).
Who Repairs It
The Act starts with the strata: it must repair and maintain common property, limited common property included, unless a bylaw puts the duty on the owner (s.72). The Standard Bylaws then split the work. If your strata filed its own bylaws, they can split it another way.
| Work | Who does it | Source |
|---|---|---|
| Day-to-day upkeep of LCP the owner uses (work done once a year or more) | The owner who uses it | Standard Bylaw 2(2) |
| LCP work that comes less often than once a year | The strata | Standard Bylaw 8(c) |
| Structure and exterior of the building, even where it is LCP | The strata | Standard Bylaw 8(c) |
| Balconies and windows | The strata | Standard Bylaw 8(c) |
| Fences | The strata | Standard Bylaw 8(c) |
| Common property with no bylaw that moves the duty to an owner | The strata | Act s.72 |
Money follows the same lines. Operating costs that benefit only limited common property are shared only by the lots entitled to use it, by unit entitlement (Regulation s.6.4). In a strata of 5 or more lots, the depreciation report must list which common property and limited common property the owners, and not the strata, must repair (Regulation s.6.2). The repairs page covers repairs inside the lots as well.
In a bare land strata, Standard Bylaw 8(d), which has the strata repair the exterior of buildings on the lots, does not apply, and neither does the alteration bylaw (Standard Bylaw 5).
Typical Limited Common Property in a Duplex to Sixplex
Yards and gardens
A side-by-side duplex or a 4-plex often gives each home its own yard. On the plan, the yard is common property with one lot's number on it. Under the Standard Bylaws the owner cuts the grass and tends the beds, because that work comes more than once a year. A fence around the yard is a strata repair. Under the Regulation, operating costs that benefit only that yard are shared only by the lots entitled to use it (s.6.4).
Decks, patios and porches
The Province's sample strata plan marks LCP with the lot number and a letter: P for patio, PR for porch, W for bay window. The owner keeps a patio clean and in order. Balconies and the exterior of the building are a strata repair under Standard Bylaw 8(c).
Parking stalls
A parking stall cannot be its own strata lot (s.244(2)). It can sit inside a lot or be LCP for one lot. The owner developer can designate stalls on the plan, or by plan amendment up to the first annual general meeting (AGM) (s.258). After that, the same routes as any other LCP apply.
Roof decks
A roof deck reached from one unit is a common case in new plexes. If it is LCP, the owner looks after the deck surface in day-to-day use, and the strata repairs the structure and the exterior of the building (Standard Bylaw 8(c)). Set out on the plan which part is LCP so nobody has to guess.
Parking stalls with a charger bring in one more rule. A change to common property for electric vehicle charging needs only a majority vote (s.71, s.82, s.96), and an owner can ask the strata for charging, with a decision due within 3 months. A strata of fewer than 5 lots can receive those requests from December 31, 2026 (Regulation s.5.4). The EV charging page has the details.
Trees, Hedges and Plants
Owners often ask whether the strata can remove the cedars or hedge on their limited common property.
The starting point: limited common property is still common property, so the strata controls it, and the owner who uses it must give the strata reasonable access. The owner who uses a yard does the everyday gardening under Standard Bylaw 2(2). To change the yard, that owner needs the strata's written approval (Standard Bylaw 6).
The limit on the strata: before a significant change in the use or appearance of common property, it needs a 3/4 owner vote at a general meeting, unless the change is needed right away to ensure safety or to prevent significant loss or damage (s.71). Council alone cannot make a significant change outside that emergency case.
The open question: neither the Act nor the Regulation says whether removing a hedge or a row of trees is a "significant change". Our sources do not include tribunal decisions on trees, so we cannot tell you how that question has been decided.
What you can do: ask council in writing for a hearing and state your reason. Council must hear you within 4 weeks, and if you ask for a decision, give it in writing within one week of the hearing (s.34.1). A hearing request comes before most claims at the Civil Resolution Tribunal (CRT) (s.189.1), and the CRT hears disputes about common property (Civil Resolution Tribunal Act s.121). The disputes page explains the CRT's fees and steps.
Alterations
Two Standard Bylaws cover changes. Bylaw 6 says an owner needs the strata's written approval before changing common property, limited common property included. Bylaw 5 covers changes to the lot itself and lists what needs approval: the structure or exterior of a building; chimneys, stairs, balconies and other things attached outside; outside doors, windows and skylights, or ones facing common property; fences and railings around a patio, balcony or yard; common property inside the lot; and any part of the lot the strata must insure.
The strata must not refuse an alteration to a lot without good reason, and it can require the owner to agree in writing to take on the costs. A new fence around a yard, a hot tub on a deck or a new door to a patio all touch items on those lists. Ask first, in writing, and keep the answer.
Duplex owners have taken these questions to the CRT: who replaces the front stairs and porch tiles when one neighbour refuses the other's front-yard fence (2023 BCCRT 340), and who pays for a new fence on the line between two strata lots (2019 BCCRT 1070). Our sources list the questions only, so read your own plan and bylaws before you assume an answer.
Best For
- ✓ Yards, patios and roof decks that only one home can reach
- ✓ Parking stalls given to each unit
- ✓ A duplex where each owner wants control of their own side
Usually Fails When
- ✕ The area is left off the plan and owners later disagree about who uses it
- ✕ An owner treats LCP as their own land and changes it without approval
- ✕ Owners assume LCP means the owner pays for every repair
What To Verify Before Spending Money
- → The LCP labels on the plan before you sign it
- → Your own bylaws, if the strata filed bylaws that differ from the Standard Bylaws
- → Who pays for fences, decks and roof membranes under those bylaws
Planning It Before You File
If you are building a plex to stratify, draw the limited common property on the plan before it goes to the Land Title Office. At that point you hold every lot, so the decision is yours alone. After the first sale, the same change needs a 3/4 vote and a sketch plan, or a unanimous plan amendment.
Walk the site with your surveyor and list each outdoor space: front yard, back yard, side yards, decks, patios, roof decks, parking stalls, bike and garbage areas. For each one, decide whether it belongs inside a lot, is shared by all, or is limited common property for one or more lots. Then check the result against the repair split in your bylaws, and against your unit entitlement, which sets each lot's share of shared costs. The how to stratify guide shows where this falls in the order of steps.
Common Questions
What is limited common property? +
Limited common property is common property that is set aside for the use of one or more strata lots only. A back yard, a patio, a deck or a parking stall used by one home are common examples (Strata Property Act s.1).
What is limited common property in a strata? +
It is part of the common property that all owners own together, marked for one lot's exclusive use. It is shown on the strata plan with that lot's number, or set by a resolution filed with a sketch plan. The strata still controls it and insures it as common property.
Who is responsible for limited common property? +
The Act makes the strata responsible for repairing common property, LCP included, unless a bylaw gives the duty to the owner (s.72). The Standard Bylaws give the owner who uses LCP the day-to-day repairs, and keep for the strata the work that comes less often than once a year plus structure, exterior, balconies, windows and fences (Standard Bylaws 2(2) and 8(c)).
Can strata remove my cedars on limited common property? +
The strata controls LCP because it is common property, and you must give it reasonable access. Before a significant change in the use or appearance of common property, the strata needs a 3/4 owner vote, unless the work is needed right away for safety or to prevent significant loss or damage (s.71). The Act and Regulation do not say whether removing a hedge or trees is a significant change. If you disagree, ask council in writing for a hearing, then take it to the Civil Resolution Tribunal.
Who pays for repairs to a deck that is limited common property? +
Under the Standard Bylaws, the owner who uses it pays for repairs that come once a year or more, and the strata pays for structure, exterior and balcony repairs and for work that comes less often than once a year. A strata with its own bylaws may split it differently, so read the bylaws filed for your strata.
Can I make changes to my limited common property? +
Only with the strata's written approval (Standard Bylaw 6). The strata can ask you to agree in writing to take on the costs. A change that is significant in use or appearance also needs a 3/4 owner vote (s.71).
How is limited common property created? +
Three ways: the owner developer marks it on the strata plan before deposit (s.73), owners pass a unanimous vote to amend the plan (s.257), or owners pass a 3/4 vote and file it at the Land Title Office with a sketch plan (s.74). The owner developer can also designate parking stalls by plan amendment before the first AGM (s.258).
Can limited common property be added after the strata plan is filed? +
Yes. Owners can designate it by a 3/4 resolution filed with a sketch plan, which takes effect only when it is filed (s.74), or by a unanimous vote that amends the plan (s.257).
Can a parking stall be limited common property? +
Yes. A parking stall cannot be a separate strata lot (s.244(2)), so giving it to one unit as LCP is the usual route. The owner developer can do it on the plan or by plan amendment before the first AGM (s.73, s.258).
Who pays the running costs of limited common property? +
Operating costs that benefit only limited common property are shared only by the lots entitled to use it, in their unit entitlement shares (Strata Property Regulation s.6.4).
Does strata insurance cover limited common property? +
The strata must insure the common property at full replacement value against major perils (s.149), and limited common property is common property. The strata policy does not pay for your contents or improvements, so you insure those yourself.
Is limited common property shown on the strata plan? +
Yes, when the owner developer designates it at deposit. The plan legend shows it with the lot number after the letter, for example P for a patio. Later designations are in sketch plans and resolutions listed in the plan's general index at the Land Title Office.
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