Is a strata unit in a condominium unit a common property under s. 72 of the Strata Property Act?

British Columbia, Canada


The following excerpt is from Fudge v. Owners, Strata Plan NW2636, 2012 BCPC 409 (CanLII):

In 2002, Gray J. heard a case involving a claim that pipes supplying fresh water to condominium units for the consumption of owners were in some way contaminating the water they carried, discolouring it and possibly making it a health risk: see Taychuk v. Strata Plan LMS744, 2002 BCSC 1638 (CanLII), [2002] B.C.J. No. 2653 (S.C.). Her Ladyship had no difficulty finding in that case that the network of pipes distributing water throughout the complex at issue there was common property under s. 1 of the Strata Property Act. At para. 28 she stated: “… Here, the pipes are connected to the pipes that service all the units, and so they are intended to be used in connection with the enjoyment of another strata lot. Therefore these pipes are subject to the duty [under s. 72] to repair and maintain.”

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