The court found that the common law does not create an easement to preserve a neighbour’s view. Regarding a strata lot, section 69(1) of the Strata Property Act says: 69. The strata council passed a resolution under section 76(1) of the Strata Property Act giving two owners temporary permission to place specifically listed plants and other garden items on the common property area. Later, when preparing the strata plan, the developer designates those same areas as common property in the strata plan. Subject to certain limited exceptions, an association’s board of directors may not legally grant an owner the exclusive use of any portion of common area without approval of the association’s membership. Shaw contended that the statutory easement in question gave each owner an absolute right to obtain cable television service, or internet service, or any other service from Shaw, or from any other provider, if the owner wished. Every owner is entitled to use the common property, unless its use is otherwise restricted to certain persons. The law governing easements is old and complex. In condominium projects, every component of the CID is common area except for the improvements located within the interior, unfinished surfaces of a condominium’s perimeter walls, floors and ceilings. This designation does not require approval by a resolution at a general meeting. For information about common facilities in a phased strata development, see Chapter 31, Phases. 64, Copyright 2016 Strata Publishing Corp. | All Rights Reserved |, Welcome to your comprehensive guide to strata law in British Columbia, UBC |Real Estate Board Subscription Activation, Activate your complimentary UBC or Real Estate Board subscription, Order your copy of the Condominium Manual, 19. The regulations provide that user fees may be imposed for the use of common property or common assets if the fee is reasonable and is set out in a bylaw or in a rule that has been ratified at a general meeting. 1. This is so, regardless of whether the common property was designated by the developer, or at a later date by the strata corporation. Everything in a strata plan is either part of a strata lot or part of the common property. When the eligible voters use this method to designate common property as LCP, the LCP designation does not show up in the relevant portion of the strata plan because the owners have not amended the strata plan. LCP must either be noted on the registered strata plan or on a sketch plan attached to a resolution filed at the Land Title Office. According to the Strata Property Act, a strata corporation may give this permission in one of two forms: by entering a short term exclusive use agreement or by conferring a special privilege. It is possible for the members of a strata corporation to change the use or appearance of common property or a common asset. When the property did not sell, he reduced his list price and excluded from the listing his leasehold interest in the garage. For information about some of these considerations, see Chapter 25, Carrying Out Repairs. The resolution removing the LCP designation is not effective until it is filed at the Land Title Office. 19, After passing the necessary resolution, the strata corporation must apply to the Registrar of Land Titles to amend the plan by filing a reference or explanatory plan, whichever the Registrar requires, in the prescribed form. Simply put, an easement is a right of use over one parcel of land for the benefit of another parcel. (a) The parking stall is LCP in connection with a particular strata lot; (b) The strata corporation has given permission to an owner or tenant, as the case may be, to use the parking stall under a short term exclusive use agreement or a special privilege; (c) The portion of the common property used for parking is subject to a prior long term lease in favour of the developer, or someone associated with the developer, who has sold a partial assignment of rights under the lease to a first buyer to use the parking stall. If the eligible voters wish to remove the developer’s LCP designation, they must pass a unanimous resolution to amend the strata plan to remove the LCP designation and then file a reference or explanatory plan in the prescribed form, whichever the Registrar requires. Although the strata council, on behalf of the corporation, can renew the agreement, it could choose to not renew, or to renew on particular terms and conditions. The strata corporation must also file a Certificate of Strata Corporation (Form E), being the required form, to certify passage of the necessary resolution. Since a short term exclusive use agreement is granted to an owner personally, the right to exclusively use the relevant common property area does not automatically transfer to a buyer or tenant when the owner sells or leases the strata lot, as the case may be. that is located outside the boundaries of the owner’s unit. a major facility in a phased strata plan, including a laundry room, playground, swimming pool, recreation centre, clubhouse or tennis court, if the facility is available for the use of the owners. Despite the buyers’ contract with the developer, the new bylaw governed the situation. Alternatively, the asset may be land that is not shown on the strata plan. 4. C.”) bought his strata lot from the developer, he also purchased from the long-term tenant, the developer’s associated corporation, a partial assignment of the long-term lease for the use of parking stall 30 and a storage locker. 27, The strata corporation can also cancel the short term exclusive use agreement at any time by giving the owner or tenant reasonable notice of the cancellation. Section 72(2)(b) of the Strata Property Act permits a strata corporation, by bylaw, to make an owner (as opposed to a section) responsible for the repair and maintenance of common property, but, “…only if identified in the regulations and subject to prescribed restrictions.” 44 At the date of this writing, the government has not yet enacted the necessary regulations to identify common property for this purpose or to prescribe restrictions. Whether a particular area or component is “common area” impacts the extent of the association’s responsibilities to maintain, repair and replace that area or component.
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