Part 37 published on 01/02/12
Court determines maintenance obligations in relation to modifications to limited common property
In 1981, the strata corporation had passed a unanimous resolution which had designated an area of the property as “limited common property for the exclusive-use and enjoyment of the owners of strata lot 4” and had granted the owners the right to install and maintain a solarium on that limited common property. The solarium (supported by a deck) had been installed by a previous owner of the strata lot. At the same time, that previous owner may have installed an exterior door, and may also have modified windows, adjacent to the solarium. The windows and door were part of the common property abutting the owner’s strata lot.
The solarium was ultimately declared structurally unsound and was ordered removed by the City. The current owner removed the solarium, but repair and maintenance were also required to the deck, the door and windows. The owner said that maintenance and repair of the deck, door and windows should be the responsibility of the strata corporation. The Court said:
- The deck was an essential part of the solarium installed pursuant to the unanimous resolution, and the deck was accordingly not part of the limited common property. The owners were therefore responsible for the repair and maintenance of the deck.
- The owners were also responsible for the repair and maintenance of the door and windows fronting onto the limited common property “to the extent those repairs and maintenance are attributable to the solarium structure; other ordinary repairs and maintenance are the responsibility of the strata corporation”.