#24958
Whale
Flatchatter

    PJ – whilst an Owners Corporation can effectively “transfer” (by license or by an exclusive use privilege) a component of its common property to an owner, and in the latter case can, with an owner’s concurrence, additionally transfer its maintenance and repair responsibilities for that property to that owner by way of a special by-law, I don’t believe that the opposite can apply whereby an owner’s property is transferred to an Owners Corporation.

    In the absence of a strata sub-division the original Strata Title Plan does, as you correctly state, define areas of common property and lot property, and whilst an Owners Corporation may resolve by a simple majority vote at a General Meeting to maintain and repair an item of lot property, that item nonetheless remains lot property (corrected 27/05).

    Whilst I can see some rationale for such a “transfer” of maintenance and repair responsibilities (e.g. an owner’s self-interest), I’m intrigued by the terms of the special by-law that enabled that and how it came about that owners passed the requisite special resolution; can you enlighten me?