Limited Common Property
My strata corporation consists of two sections – commercial and residential. The residential section has a limited common property lobby area with furniture that is looking worn and should be replaced. Do all owners have to pay for the new furniture?
Strata Property Regulation 11.2 provides that an operating expense or special levy related to limited common property designated to a section is shared amongst only those strata lots who are entitled to the benefit of the limited common property.
Every owner in our development has a balcony that is accessible only through a strata lot. Are these balconies common property or limited common property?
Whether a balcony is common property, limited common property or part of a strata lot is determined by a review of the strata plan or a review of any resolutions that may have been filed in the Land Title Office on the general index. A balcony is not limited common property merely because access is limited or restricted.
How do we know if our balconies are common property or limited common property when each strata lot has a private balcony that no one else can access? Does that mean it is limited common property?
If the balconies are limited common property, they will be designated as limited common property on the strata plan.
An owner says that the balconies and patios are limited common property because only one owner has access. How does a strata corporation know if a balcony is common property or limited common property?
The Strata Property Act defines limited common property as common property designated for the exclusive use of the owners of one or more strata lots. The key is the use of the word “designated”. There are only two ways to “designate” common property as limited common property on the strata plan or by a resolution passed by a 3/4 vote of the owners at a general meeting. If a balcony is not designated in either of these two ways, then it is not limited common property.