Replacing Windows and Doors

In another recent decision by the CRT, in the case of Silva and Amadeo v The Owners, Strata Plan NW 58, 2017 CRTBC 7, the CRT was asked to resolve a repair and maintenance dispute.

At issue was the requirement to replace failing windows and sliding patio doors, and the repair of a patio that had sunk 12 inches. The strata corporation refused to replace the windows and doors as their bylaws required owners to do so and there was a history of owners completing those repairs at the cost of the owners (not the strata). The strata corporation was also of the view that it was not responsible to repair the patio.

In certain strata plans, the windows and doors can either be part of the common property, part of the strata lot, or halfway between. Further, some strata corporation bylaws require the strata corporation to be responsible to replace windows and doors, or be responsible for all exterior strata lot repairs (which will arguably include windows and doors). Therefore, a careful analysis of the strata plan and bylaws must be completed before the responsibility for the replacement of doors and windows can be determined.

In this case, the strata plan clearly noted that the exterior of the strata lot was part of the strata lot - which included the doors and windows. Further, the strata corporation did not have a bylaw that required the strata corporation to repair the exterior of the strata lot. Also of note is that the strata corporation specifically had a bylaw that required owners to repair and maintain their windows and doors. Therefore, the owners were found to be responsible for the repair and maintenance of their doors and windows.

However, the bylaw that required owners to repair and maintain their patios was found to be an invalid bylaw because the patio was part of the common property and strata corporation's cannot require owners to repair and maintain common property.

As a result, the CRT only ordered the strata corporation to repair the patio.

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