It is important to know who is responsible for paying and arranging repairs in a strata corporation. Understanding such responsibilities for repair and maintenance costs is a crucial aspect of condo ownership. The delineation of payment responsibilities for repairs and maintenance often lacks clarity within strata corporations, and previous practices may not align with legal requirements.
Understanding the difference between the duty to pay and the duty to repair is crucial. The responsibility for arranging repairs may not align with who bears the cost. Payment for repairs and maintenance might be the responsibility of the condo, groups of owners (such as those in sections or types), or individual owners.
According to the Strata Property Act, Regulations, and bylaws, a clear distinction exists between:
– who is responsible for organizing the repair and maintenance of different parts of the building development; and
– who is responsible for covering the costs of maintenance and repairs.
For instance, this distinction could lead to the strata corporation maintaining areas that are part of the condo unit or designated as limited common property. However, the cost of such maintenance and repair would be allocated in the operating budget to the condo lots that have received maintenance and repairs or to those allocated the limited common property (LCP). According to the Strata Property Act and its regulations, if the strata corporation is responsible for arranging maintenance and repair, it also determines how the costs will be divided among condo lot owners. It’s important to note that the allocation of maintenance and repair costs by the strata corporation cannot be altered through a bylaw amendment. Additional information can be found under common expenses, sections and types, and unit entitlement.
