A Strata Lot building (Building) has 157 residential strata lots, and 2 commercial strata lots. One of the commercial

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Customer: A Strata Lot building (Building) has 157 residential strata lots, and 2 commercial strata lots. One of the commercial strata lots has "exclusive use" of limited common property consisting of two tennis courts which are appurtenant to the strata building. These tennis courts are now 12 years old, and need complete resurfacing. Who has the duty to pay for this resurfacing?
JA: What steps has the twelve-year-old taken so far? Have they prepared or filed any paperwork?
Customer: No. An invoice for this resurfacing has been given to the owner of the commercial strata lot which has these courts as its LCP.
JA: The Real Estate Lawyer will be able to walk you through that. Where is the property located?
Customer: Bear Mountain Golf and Tennis Resort. The Finlayson Reach building.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.

Answered by Debra in 5 hours 1 year ago

Debra

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Debra

163842 Satisfied customers

10+ years of experience

Debra

10+ years of experience

163842 Satisfied customers

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can. Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me.

I am sorry to hear of this difficult situation.

I was just about to go to bed when I saw your question. I didn’t want you to have to wait all night. I cannot answer now but so I can answer in the morning can you please tell me whether this is dealt with at all in the by-laws?

Customer

Hi, Debra.Thanks for your reply above.I texted you my reply this morning. I guess that you haven't read it.To summarize: This Building has 157 Residential Strata Lots and 2 Commercial Strata Lots. Ownership of the Commercial Strata Lots was retained by the Owner/Developer for its "exclusive use". Commercial Lots have 2 tennis courts appurtenant to the Building designated as exclusive use LCP. Promotional materials given to Residential Lot buyers indicated "tennis courts", but said no more about them. The Bylaws provide that owners must repair and maintain exclusive LCP with reasonable wear and tear excepted. The applicable Disclosure Statement says: "...pursuant to the Bylaws, the Strata Corporation will be responsible for maintaining and repairing...Limited Common Property that in the ordinary course of events occurs less than once a year (except for repair and maintenance that is the responsibility of an individual owner or owners)..."Since the opening of the Building, the Strata Council has maintained all management and control over the Commercial Strata Lots. After 12 years, the current owner of the Commercial Strata Lots has denied usage of any part of the Commercial Strata Lots to the Building's residents. The tennis courts and now in severe disrepair, are covered in moss, are unsafe to play on, and need complete resurfacing.Q: Who has the duty to repair the tennis courts? Do the Building's residents have the right to use these courts after all repair is completed?Thanks for your help!
Stephen Cheikes

Debra, Expert

The building's residents do not have the right to use the courts because it's an exclusive use LCP.

The tenant has the obligation to make minor repairs for general wear and tear but if the courts need to have significant repairs that would be the responsibility of the strata from what you're telling me based on the wording that you provided.

Do you see what I mean?

Customer

I do.Q: Given that the Strata Council managed and maintained all of the LCP of the 2 commercial strata lots for the benefit and use of the residents of the Building since the Building was completed (2010 ) until a new shareholder of the legal owner of these 2 commercial lots excluded these residents, wouldn't the residents (who purchased units based on promotional material identifying the LCP of the commercial strata lots) get rights to continued use (eg. easement, license, etc.)?

Debra, Expert

I'm not sure that you can make that argument. Their ownership gives them the right to use that tennis court exclusively.

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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