Is a strata obligated to replace or replace carpet in a common hallway and stairway?
British Columbia, Canada
The following excerpt is from Zolnierczyk v. The Owners, Strata Plan NW 1286, 2020 BCCRT 553 (CanLII):
23. Since the carpeted hallway and stairways are common property, I find that the strata has a duty to repair and maintain them under SPA section 72 and Bylaw 8. The strata corporation’s obligation to repair and maintain is measured by the test of what is reasonable in all of the circumstances (The Owners of Strata Plan NWS 254 v. Hall, 2016 BCSC 2363 at paragraph 24). I find the strata’s duty includes carpet replacement when and where reasonable.
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