Definition of Common Property - yards I can't use
Talkstrata » Forums » General Strata Q & ASubmitted by wayneoutthere on Thu, 12/20/2007 - 20:32.
Good day.
I live in a rather unique building where there are 'townhouses' (they have their own entrance so they get that title) on the upper levels and 'garden homes' on the lower levels.
When I purchased our upper level townhouse, I did so realizing that I would be forfeiting access to my own yard and all the benefits associated with having your own yard. Of course, I expected that I would, as compensation, not be paying for the maintenance of it either. To my surprise, our first meeting revealed that all owners would be paying equally for the maintenance of these yards.
If anyone can help me I would appreciate it. Something seems a little unjust. To me, if I'm paying for maintenance on it, should I not be able to go in and enjoy it, too?
Thanks so much!
Wayne
Wed, 02/06/2008 - 17:26
If the yard is the exclusive use of the owners below you could argue that it is limited common property and therefore the responsibility of the owner who uses it.
I would write a letter to council outlining your concern to start so they are forced to deal with the correspondance and reply with their interpretation.
Moderator
Wed, 02/06/2008 - 19:25
Section 72(2)of the Strata Property Act allows a strata corporation to adopt a bylaw which makes "an owner responsible for repair and maintenance of limited common property that the owner has a right to use". You may want to include a proposal for such a bylaw in the letter suggested by aislynnr. (Such a bylaw would not allow you access to the property in question but it would remove from you any cost of maintaining it.)
Wed, 02/06/2008 - 19:33
Thank you both very much for the reply. Even though it was posted at the end of December, we have not yet dealt with the issue and your ideas correspond to how most people feel about the issue. It is quite ludicrous to me that I would pay for the maintenance of a yard I cannot use. Simple as that. Thanks again. I'll try to report back with the results at that point.
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