Is limited common property a common common expense of a strata corporation?

British Columbia, Canada


The following excerpt is from Yang v. The Owners, Strata Plan LMS 4084, 2010 BCSC 453 (CanLII):

The general rule is that all units within a strata corporation are “in it together”: Terry v. The Owners Strata Plan LMS 2153, 2006 BCSC 950. There are exceptions to that rule, but none apply here. Section 100, for example, allows for the owners to pass a unanimous vote resolution permitting an allocation different than the usual formula under the Act, which apportions expenses based on unit entitlement. As noted earlier, s. 194(2)(a) provides that a section is responsible for the common expenses of that section, including those related to limited common property. Limited common property is that property designated for the exclusive use of the units in the section. Section 1 of the Act defines “common expenses” as those expenses related to the common property and common assets of the strata corporation, or expenses required to meet any other purpose or obligation of the strata corporation.

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