What is the strata obligation to maintain and replace common property?

British Columbia, Canada


The following excerpt is from Bjarnason v. The Owners, Strata Plan VR 584, 2021 BCCRT 462 (CanLII):

67. The strata’s obligation to repair and maintain is measured by the test of what is reasonable in all circumstances and can include replacement when necessary (see The Owners of Strata Plan NWS 254 v. Hall, 2016 BCSC 2363). The standard is not one of perfection. When deciding whether to fix or replace common property, the strata has discretion to approved “good, better or best” solutions to any given problem. The court will not interfere with a strata’s decision to choose a “good”, less expensive, and less permanent solution although “better” and “best” solutions may have been available (see Weir v. Owners, Strata Plan NW 17, 2010 BCSC 784). So, while the strata must maintain and repair some sort of road access, it is not required to do so in the best, fastest, or least expensive way. The strata has discretion to decide how to satisfy its maintenance and repair obligation, within reason.

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