Common Property vs Limited Common Property

Under the Strata Property Act, SBC 1998, c. 43, common property is land and assets owned by the strata corporation for use by all owners (e.g., hallways, roof, exterior walls). Limited common property (LCP) is common property designated in the strata plan or by bylaw for the exclusive use of one or more strata lots—such as a parking stall or balcony—but remains owned by the strata corporation, not the individual owner (s. 1 and s. 73, SPA). The strata lot owner has exclusive use but does not hold title to LCP. Verify specific designations on your strata plan with a BC lawyer or notary before acting.

Under s. 72 of the Strata Property Act, the strata corporation is generally responsible for maintaining and repairing common property, including limited common property. However, s. 72(3) permits the strata to pass a bylaw requiring an owner to maintain, repair, or insure limited common property that the owner has a right to use, as long as the bylaw does not require the owner to contribute to expenses beyond their strata fees for items that are the strata's responsibility under the Act. Check your strata's bylaws and consult a BC lawyer or notary to confirm the specific allocation of responsibility for your LCP.

Under s. 73 of the Strata Property Act, limited common property remains common property owned by the strata corporation, so any alteration typically requires the strata council's written approval under s. 76 of the Act (which governs alterations to common property). The strata's bylaws may impose additional conditions or prohibitions. Always obtain written approval from the strata corporation and verify the bylaw requirements with a BC lawyer or notary before making any modifications to LCP.

Under s. 73 of the Strata Property Act, limited common property must be designated on the strata plan filed in the Land Title Office, or it may be designated or changed by a resolution passed by a three-quarters vote at an annual or special general meeting (s. 74, SPA). The designation identifies which strata lot(s) have exclusive use of the LCP. Verify the designation on your strata plan and consult a BC lawyer or notary if you need to create, amend, or interpret an LCP designation.

Yes. Under s. 74 of the Strata Property Act, a strata corporation may designate land shown on the strata plan as common property to be limited common property, or change an existing LCP designation, by a resolution passed by a three-quarters vote at an annual or special general meeting. The amended designation must then be filed in the Land Title Office. Verify the proper procedure and vote threshold with a BC lawyer or notary before proceeding with any LCP designation change.

Under s. 99 of the Strata Property Act, strata fees are generally allocated according to the unit entitlement of each strata lot, which is based on the habitable area shown on the strata plan. Limited common property does not automatically change the unit entitlement or strata fee calculation unless the strata plan or a bylaw specifies otherwise. Verify your strata's unit entitlement schedule and bylaws with a BC lawyer or notary to understand your specific fee obligations.

This depends on the strata's bylaws. Under the Strata Property Act, limited common property is owned by the strata corporation and designated for your exclusive use; the Act does not prohibit separate rental, but many strata bylaws restrict or forbid renting LCP independently of the strata lot. Review your strata's bylaws (available in Form B of the Information Certificate under s. 59, SPA) and verify enforceability with a BC lawyer or notary before renting out LCP.

Under s. 72(3) of the Strata Property Act, a strata may pass a bylaw requiring the owner to maintain or repair limited common property the owner has a right to use, but the bylaw cannot require the owner to pay more than their share of strata fees for repairs that are the strata corporation's responsibility under the Act. If the bylaw validly assigns maintenance to the owner, the owner pays; otherwise, the strata corporation pays through the operating or contingency reserve fund (s. 92–94, SPA). Verify the bylaw wording and your obligations with a BC lawyer or notary.

Under the Land Title Act, RSBC 1996, c. 250, and the Strata Property Act, limited common property is not part of the strata lot; it remains common property and is not included in the strata lot's registered area on the strata plan. BC Assessment (the provincial property assessment authority) assesses strata lots based on the lot's unit entitlement and habitable area, not LCP. Verify the treatment of LCP in your property assessment and any resale valuation with a BC notary, lawyer, or licensed appraiser.

Under s. 73 of the Strata Property Act, limited common property is tied to the strata lot designated on the strata plan; when the strata lot is sold, the exclusive right to use the LCP automatically transfers to the new owner as part of the strata lot conveyance. No separate title or transfer document is required for LCP because it remains owned by the strata corporation. Verify that the LCP designation appears on the strata plan and in the Property Disclosure Statement (Form B) with a BC lawyer or notary before completing a purchase or sale.