What is the test for reasonable use of a strata to repair or maintain common property?

73. The parties do not dispute the applicable law. It is well established that to fulfill its obligation to repair and maintain common property, the strata must act reasonably. In Weir v. The Owners, Strata Plan NW 17, 2010 BCSC 784, the court noted that strata corporations must work within a budget that the owners can afford. With that, strata corporations are often called upon to choose between different repair options, what the court called “good, better or best” solutions. The court found that it if a strata corporation chooses a good solution over a perfect solution, it will not necessarily be considered unreasonable even if the repair later turns out to be ineffective.

74. Put another way, in Slosar v. The Owners, Strata Plan KAS 2846, 2021 BCSC 1174, the court said that the reasonableness of a strata corporation’s repair decisions must be assessed based on what the strata corporation knew when it made the decision, not with the benefit of hindsight. The court also noted that strata corporations are governed by strata councils, which in turn are made up of volunteer owners who are not expected to have expertise in building maintenance or repair. It is therefore expected that a strata council will hire experts to give advice, make recommendations, and undertake repairs. If a professional gives bad advice or performs substandard work, the strata will not be liable for their negligence as long as it acted reasonably in the circumstances.