When will a strata corporation be required to maintain common property?

British Columbia, Canada


The following excerpt is from Strata Plan VR1767 (Owners) v. Seven Estate Ltd., 2002 BCSC 381 (CanLII):

The Owners rely on Royal Bank v. Holden (1996) 7 R.P.R. (3d) 80 (B.C.S.C.), where Mr. Justice Bauman stated, at para. 17, that: The strata corporation has certain essential duties under the Act to maintain common property, common facilities and assets of the strata corporation. These are fundamental duties, and, I perceive, their execution by the strata corporation is critical to the realization of the condominium concept – that is people living together in individually owned units within a common shell. The mix of personal fee simple title and co-operative living necessitates a vehicle by which maintenance and repairs of the common property will be undertaken and payment shared and forthcoming from the individual owners. The vehicle created by the Act is, of course, the strata corporation.

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