Exclusive use of common property in stratas

Common property such as balconies, backyards, parking and storage can be restricted for the exclusive use of one or more strata owners. 

Learn more on this page:
Exclusive use of common property
Create and cancel short term exclusive use
Alterations and access

Exclusive use of common property

Areas designated on a strata plan as common property may be restricted for the use of one or more strata lot owners or tenants if the common property is:

• Designated as limited common property (“LCP”). LCP is common property designated for the specific use of one or more strata lots. LCP must either be noted on the registered strata plan or on a sketch plan attached to a resolution filed at the Land Title Office.
• Granted to owners or tenants for a short term exclusive use arrangement. The strata council has the power to enter into a short term exclusive use arrangement with owners or tenants over common assets or common property that are not designated as LCP.

Create and cancel short term exclusive use

A strata council can grant a short term exclusive use arrangement of common property specifically to an owner or tenant. It is not attached to the strata lot, so if an owner sells their strata lot or a tenant ends their tenancy, the short term exclusive use arrangement will automatically end. Examples include parking stalls and storage lockers. 

A strata council cannot grant a short term exclusive use arrangement if it significantly changes the original use or appearance of common property or land that is a common asset, without a resolution passed by a 3/4 resolution of the strata corporation at an annual or special general meeting. 

Generally a short term use arrangement cannot be for more than one year, but can be renewed for additional terms of not more than one year. However for electric vehicle charging, use of an EV parking stall can be granted up to five years.The strata council may also place conditions on an owner's exclusive use of common property or assets in a short term arrangement and cancel the arrangement without any reason by giving the owner or tenant reasonable notice of cancellation. 

Alterations and access

Under the Standard Bylaws (which may be amended) alterations by an owner to common property, LCP, or common property with a short term exclusive use arrangement: 

• requires written approval from the strata corporation
•  may require, as a condition of approval for the alteration, that the owner agree in writing to take responsibility for any expenses relating to the alteration

Under the Strata Property Act, a resolution passed by a 3/4 vote at an annual or special general meeting must be obtained if the alteration will result in a significant change in the use or appearance of common property or a common asset.

Access: Under the Strata Property Act, an owner or tenant must allow the strata corporation reasonable access to LCP or to common property or a common asset that is subject to a short term exclusive use agreement.

References:
Strata Property Act: Sections 71-77, 257, 258
Regulations: Section 13.6, 14.4
Standard Bylaws (if these apply as bylaws can be amended): Section 6

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