Repairs in a Small Strata: Who Pays

The Act itself says the strata "must repair and maintain common property and common assets" (s.72(1)). Common property is the land and buildings on the strata plan that are outside every strata lot, plus the shared pipes and wires described above (s.1). Each strata plan draws these lines for its own building, so check yours to see which parts are common property and which are inside a lot.

Section 72 lets a strata move some of this duty by bylaw. It can make an owner responsible for limited common property that the owner has the right to use (s.72(2)(a)). It can also take on repair of named parts of a strata lot (s.72(3)). Standard Bylaw 8(d) is an example of the second: it makes the strata repair the outside parts of each lot.

A strata that skips a repair it must do can be ordered by the Supreme Court to perform its duty (s.165), and the Civil Resolution Tribunal (CRT) hears claims about common property.

Limited common property (LCP) is common property set aside for the use of one or more lots, such as a back yard, a deck or a parking space shown on the strata plan with your lot number (s.1). The limited common property page explains how it is created.

Standard Bylaw 2(2) says the owner who uses LCP repairs and maintains it. Standard Bylaw 8(c) then hands two kinds of work back to the strata. The first is any repair or maintenance "that in the ordinary course of events occurs less often than once a year". The second is the fixed list, no matter how often it comes: structure, exterior, chimneys, stairs and balconies attached outside, outside doors, windows and skylights, and fences and railings around patios, balconies and yards.

So the question for any LCP job is how often that kind of work normally happens. The bylaw does not name examples. If owners in a small strata keep arguing about one item, they can write their own bylaw that names it, passed by a 3/4 vote and filed on Form I.

The cost split also follows LCP. When an operating fund cost benefits only LCP, only the owners entitled to use that LCP share it, by their unit entitlement (Regulation s.6.4(1)). Contingency reserve fund (CRF) contributions and special levies are still shared by all lots, unless owners agreed another formula by unanimous vote (Regulation s.6.4(3); Act s.100).

A strata repair is a common expense. Owners pay it through strata fees, each lot paying its unit entitlement divided by the total (s.99). Where the money comes from depends on the kind of repair:

• Routine repairs come from the operating fund, under the budget owners passed by majority vote at the annual general meeting (AGM) (s.92, s.103).
• Repairs that come less often than once a year come from the CRF. They need a majority vote if the current depreciation report recommends them, and a 3/4 vote otherwise (s.96).
• Emergencies needed right away to keep people safe or prevent significant loss or damage can be paid with no vote, but only the minimum needed, and owners must be told (s.98(3), (5), (6)).
• Large one-time repairs can be paid by a special levy, which needs a 3/4 vote when it is split by unit entitlement (s.108).

In a 2-lot or 3-lot strata, one owner who votes no blocks a 3/4 vote. The vote calculator works it out for your number of lots, and the budget and contingency fund page explains what council may spend without a vote.

When an owner causes the damage, the cost can move to that owner. Owners, tenants and visitors must not damage common property or the parts the strata repairs, other than normal wear and tear (Standard Bylaw 3(2)). The strata can do what is reasonably needed to fix a bylaw breach and require the person who can be fined for it to pay the reasonable cost (s.133).

An owner needs the strata's written approval before changing common property, including limited common property, or common assets (Standard Bylaw 6(1)). This covers the yard or deck only you use as well as shared areas. The strata can again require you to take on the costs in writing (6(2)).

The strata has a limit of its own. It must not make a "significant change in the use or appearance of common property" without a 3/4 vote at a general meeting, unless an immediate change is needed for safety or to prevent significant loss or damage (s.71). A change related to EV charging needs only a majority vote. The Act does not define "significant". The EV charging page covers that case.

Standard Bylaw 7 says an owner, tenant, occupant or visitor must let a person the strata authorizes enter the strata lot:

• in an emergency, without notice, to keep people safe or prevent significant loss or damage; and
• at a reasonable time, on 48 hours' written notice, to inspect, repair or maintain common property, common assets and the parts of a lot the strata repairs or insures. The notice must give the date, the expected time of entry and the reason.

The Act adds that an owner who has the right to use common property, including LCP, must give the strata reasonable access to it (s.77). In a duplex, the other owner is often the council member who asks for access. The request is still a strata request, and the same notice rule applies.

Many repairs after water or fire damage go through the strata's insurance, because the strata must insure the buildings on the plan at full replacement value against major perils, including water escape (s.149; Regulation s.9.1). The deductible is a common expense (s.158(1)), and the strata may pay it from the CRF or a special levy without a vote (s.158(3)).

The strata can sue the owner responsible for the loss to recover the deductible (s.158(2)). The Province, summing up court cases, says an owner can be "deemed responsible" for a loss that started in their unit without being at fault, and gives a burst dishwasher hose as its example. The insurance page explains what your own policy should cover.

Start in writing. Ask for a hearing at a council meeting and say why. Council must meet to hear you within 4 weeks, and if you asked for a decision, give it to you in writing within one week after the hearing (s.34.1). An owner must ask for that hearing before taking most disputes to the CRT (s.189.1).

The CRT hears strata claims of any amount, including claims about common property and about decisions of the strata or council. Filing costs $125 online or $150 by mail, plus $100 if you ask for a final decision. The Supreme Court can order the strata to perform a duty it has under the Act or bylaws (s.165). The strata has the same tool against an owner who will not do their part (s.173(1)). The disputes page covers the tribunal, and when owners disagree covers a 2 or 3 owner deadlock.

Everything above assumes the Standard Bylaws. A strata can file different repair bylaws, within the limits of s.72. In a new building, the owner developer can file them with the strata plan on Form Y. After that, a bylaw change needs a 3/4 vote and has no effect until Form I is filed at the Land Title Office (s.128). Before the second AGM, an all-residential strata needs a unanimous vote to change any bylaw (s.127(1)).

If you are building a duplex to sixplex and plan to sell the units, the best time to settle who repairs yards, decks and fences is before the first sale. The bylaws before you sell page explains why.