Common Property

Management of common property is often the most contentious concern for a condominium corporation.  Confusion, misinformation and assumptions generally are at the root of the problems. However, there is a simple solution: When in doubt – find out.

The easiest way to determine the allowable uses and boundaries defining common property or limited common property is to check the strata plan. The plan is much like a condo constitution and, once registered at the Land Titles Office (LTO), becomes the ultimate authority governing the corporation. Individuals with access rights can obtain the plan and other information online.

The strata council should have a copy on file, along with all the other important documents such as minutes, bylaws, rules, budget and financial statements. Owners (and certain tenants) are entitled to review the documents at no expense. Upon written request, the council must provide the documents within 15 days. If the request is for bylaws or rules, the corporation must allow access within eight days. The corporation can charge .25 cents a page if copies are provided.

Strata corporations make use of common property in many ways such as, parking, patios, swimming pool, clubhouse and playground to name a few. Depending on the plan, common property can be for unrestricted use by all owners and tenants, while in other situations individuals can be granted exclusive use.

There are three main ways individuals can acquire the right to use common property as if it was their own. The developer, or corporation, can designate an area as limited common property. LCP can be designated by amending the strata plan by a unanimous vote at an Annual General Meeting or Special General Meeting. LCP can also be designated without amending the plan by a ¾ vote resolution. When searching the files at the LTO make sure to check the plan and any resolutions.
The most convenient method to designate common property is for council to grant an owner/tenant exclusive use, or a special privilege. Short-term, exclusive use arrangements cannot be given for more than one year and can be changed upon renewal. The corporation can cancel the arrangement at any time upon reasonable notice. If significant changes to the use or appearance of the property are anticipated, it must first be approved by a ¾ vote of eligible electors at a general meeting.

Regardless of the arrangement, formalizing the use of common property is essential to the best interests of the corporation. Without clear and binding rules, the culture of the condo can be rife with conflict and chaos, while exposing the corporation to endless liability. 

Several strata councils and owners have already registered to attend the free strata workshop to be held May 19 @ The Ramada Inn. The workshop is open to all owners and directors of self-managed stratas. Please contact me if you wish to attend and feel free to suggest agenda items to be discussed.

StrataScene is intended for general information purposes only.
Gunnar Forsstrom is a licensed Strata Manager with Coldwell Banker Horizon Realty.
Send your questions to: gforsstrom@coldwellbanker.ca or call: 250-860-1411