Can a strata force a party to pay for the repair and maintenance of an air conditioning unit?
British Columbia, Canada
The following excerpt is from Schuler v. The Owners, Strata Plan BCS 4064, 2018 BCCRT 794 (CanLII):
53. The strata says that the air conditioning unit in question is entirely for the applicant’s benefit and that it would be inequitable for other owners to bear the cost of repair. It says that all other penthouse owners pay for their own repair and maintenance of the units cooling their individual units. This is disputed by the applicant. The strata refers me to the decision in Legault v. Torcan, 1993 BCPC 5 for the principle that a common-sense approach to considering the actual use and benefit of items such as air conditioners should be applied. It says that the bylaws do not provide a clear delineation of the responsibility for the air conditioning unit components.
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