Part 34 published on 01/05/11
Strata corporation obligated to repair and maintain balcony enclosures
In this 42-unit strata corporation, all but one of the strata lot owners had installed balcony enclosures in the mid-1980’s. Some of the balcony enclosures were leaking.
The petitioner, Geunther, is one of the strata lot owners. He asserted that the strata corporation had failed to fulfill its obligation to properly repair and maintain the balcony enclosures and the building’s envelope. He sought the appointment of an administrator and various ancillary relief.
The Court found that the balcony enclosures are “limited common property”, but nevertheless agreed with Mr. Geunther that the strata corporation was obligated, under the corporation’s by-laws, to repair and maintain the balcony enclosures. (The Court said that the strata corporation was in breach of this duty, at least in relation to some of the balcony enclosures). However, the Court declined to appoint an administrator, because the Court felt that it was “appropriate to give the strata corporation an opportunity to address the question of balcony repairs in light of this decision”.
The Court held that the strata corporation was not in breach of its duty to repair or further investigate the building envelope. [Expert investigation had revealed no problems with the building’s envelope.]