Who owns limited common property

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The Canucks Report newsletter: essential reading for hockey fans Sign up now. Manage Print Subscription. Main Menu Search theprovince. This advertisement has not loaded yet, but your article continues below. Share this Story: Condo Smarts: Who maintains and repairs 'limited' common property? We apologize, but this video has failed to load.

Try refreshing your browser, or tap here to see other videos from our team. Section 72 3 of the Act, permits a strata corporation to amend responsibility for repairs and maintenance in certain limited circumstances. Sections 5 and 6 of the Standards Bylaws set out the procedure that must be followed for an owner to obtain approval to alter common property, limited common property and strata lot property.

These sections are frequently amended by strata corporations that wish to provide a more robust approval process. Every strata corporation is presented with unique circumstances that must be considered in the determination of what constitutes common property. Failure to consider the above documentation could lead to false assumptions about the boundaries of and responsibility for common property, limited common property and strata lot property.

This in turn can result in misunderstandings and conflicts between strata corporations and the individual owners. BEST Consultants specializes in the field of Building Science and Engineering and can assist in identifying common property within the context of a Depreciation Report or otherwise , reviewing maintenance programs, and advising strata councils on how to mitigate potential damage to the building and its systems.

Any questions pertaining to building science or engineering services can be forwarded to Alexandre Bouchard, P. Lesperance Mendes Lawyers assists strata corporations and owners on strata governance and construction matters. Any questions pertaining to the responsibility for repairs and maintenance or permissions required in order to facilitate alterations can be directed to Sat D.

Harwood at sdh lmlaw. We would be pleased to hear from you. It is important for you to know, however, that before we can discuss representing you, we must first ensure that we do not have a conflict-of-interest. Therefore, do not send us any confidential information about your matter at this point. You can then send us any pertinent confidential information. Again, please ensure that no confidential information is included in the email.

But unlike other common elements, the use of a limited common element is restricted to only certain unit owners. While ownership is shared, use need not be. The resident of a unit assigned a limited common element can refuse to allow anyone else to enter, use, or alter it under most circumstances, just as though it was part of the unit itself. A few communities have elevators, parking areas, or amenities which are allocated for particular buildings or clusters of units.

Unless the declaration says otherwise, ducts, wires, bearing walls, and similar fixtures which straddle a unit boundary are limited common elements to the extent they serve only one unit. Also, windows, shutters, exterior doors and doorsteps, porches, patios, balconies, and other features designed to serve a single unit although located outside its boundaries are also limited common elements unless the declaration says otherwise.

Converting an existing common element into a limited common element can be accomplished under the normal procedures for amending the declaration. Unit owners who have limited common elements are also generally free to reallocate them amongst each other by signing an amendment to the relevant portions of the declaration, which the association must accept and file in the land records.