Who has to pay for those repairs?
Tony Gioventu
Province
Our strata corp reads your column every week. We live in a 15-unit patio home. We are a little confused by the Strata Property Act and our bylaws.
Two years ago, one unit had to replace a broken transom window — the opening part of the window is above the main window and opens outward. At the time, the units were about 14 or 15 years old. It needs replacing again. The strata says the owner must pay for the replacement part because it’s due to wear and tear. The owner interprets what she had read as “strata pays for repairs to the envelope of the unit, owner pays for anything on the inside.” Please advise us of the proper ruling on this issue. — Margo McEwan, Campbell River.
Dear Margo: Doors and windows have to be the most misunderstood item in the legislation.
There are two types of strata corporations: building designs where the air space is divided into strata lots and therefore building exteriors are almost always common property; and bare-land stratas where the strata lot is the measured property and the buildings not shown on the strata plan are not the strata responsibility for maintenance and repair.
With a building-type strata, the Strata Property Act, regulations and bylaws make the responsibility of the doors and windows that face on to common property or common hallways the responsibility of the strata corporation. The act and regulations do not permit the strata to create bylaws making owners responsible for common property. So as long as the area is defined as common property, it is the strata’s responsibility, as in your case. However, bylaws may designate items such as patio-door rollers, handles and cranks within the strata lot to be an owner’s responsibility.
Think of the logical side of this. How many owners would really take the necessary care and cost of properly repairing the windows if they could get away with it more cheaply? How many owners have enough experience to make the right decision? One of the greatest benefits of strata living is the economics of scale. The cost of 20 windows at a time will be cheaper than one, creating a much more cost-effective method of operating in a strata, and the strata can control the outcome. The Homeowner Protection Office has a helpful bulletin ( Maintenance Matters) on residential windows and doors at http://www.hpo.bc.ca/Consumer/index.htm
Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA). Contact CHOA at 604-584-2462 or toll-free at 1-877-353-2462 or fax 604-515-9643 or e-mail [email protected]
