Is it reasonable for a strata to choose a repair option rather than a replacement option?

British Columbia, Canada


The following excerpt is from A v. The Owners, Strata Plan XXX, 2021 BCCRT 589 (CanLII):

94. In a persuasive though non-binding decision in Berke v. NW 962, 2018 BCCRT 539 at paragraph 57 the CRT held that even if repairs will only defer the need for eventual replacement, it may be reasonable for the strata to choose the repair option. Because the strata is entitled to choose among reasonable repair options, I find the strata met its duty to repair and maintain the building exterior and envelope in 2018.

Other Questions


What is the legal obligation of a strata to choose a reasonable repair and maintenance option? (British Columbia, Canada)
Can a Strata be ordered to pay to restore a strata lot to paint ready condition where it has repaired or repaired CP units that were deliberately removed to resolve CP issues? (British Columbia, Canada)
What is the test for a strata corporation to carry out its duty to repair and provide maintenance and repair services to an entire strata plan? (British Columbia, Canada)
Does a strata have an obligation to repair or repair the exterior of the strata building? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
Is a strata liable to reimburse an owner for expenses incurred to repair the interior of the strata lot? (British Columbia, Canada)
Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
What is the test for reasonable use of a strata to repair or maintain common property? (British Columbia, Canada)
Is a strata obligated to replace or replace carpet in a common hallway and stairway? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.