Strata Bylaws vs Strata Property Act

[Wormiez]

Need some advice on a bylaw over window replace/repair. Recently my town-homes master bedroom window started leaking and I've asked strata to replace/repair the window. Strata came back saying it will be my out of pocket responsibility to repair for the window.

My friends town-home had the same issue with his window and his strata repaired the window.

Did some research and came across the Strata Property Act

Strata Property Act

Repair and maintenance of property by strata corporation
8 The strata corporation must repair and maintain all of the following:
(a) common assets of the strata corporation;
(b) common property that has not been designated as limited common property;
(c) limited common property, but the duty to repair and maintain it is restricted to
(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and
(ii) the following, no matter how often the repair or maintenance ordinarily occurs:
(A) the structure of a building;
(B) the exterior of a building;
(C) chimneys, stairs, balconies and other things attached to the exterior of a building;
(D) doors, windows and skylights on the exterior of a building or that front on the common property;


Strata Bylaws has the following ---

Windows

10
(1) No awnings or shades shall be erected over and outside of those windows visible from the common property.

(2) Repair and cleaning of windows is the owner's responsibility.

So the problem is , does the Strata Property Act supersede my Strata bylaw?

Any advice would be appreciated

[SumAznGuy]

Strata property act supersede's the bylaws.
Strata bylaws are set of the strata.


From your first link.

Repair and maintenance of property by owner
2 (1) An owner must repair and maintain the owner's strata lot, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws.

Repair and maintenance of property by strata corporation
8 The strata corporation must repair and maintain all of the following:

(a) common assets of the strata corporation;
(b) common property that has not been designated as limited common property;
(c) limited common property, but the duty to repair and maintain it is restricted to
(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and
(ii) the following, no matter how often the repair or maintenance ordinarily occurs:
(A) the structure of a building;
(B) the exterior of a building;
(C) chimneys, stairs, balconies and other things attached to the exterior of a building;
(D) doors, windows and skylights on the exterior of a building or that front on the common property;
(E) fences, railings and similar structures that enclose patios, balconies and yards;
(d) a strata lot in a strata plan that is not a bare land strata plan, but the duty to repair and maintain it is restricted to
(i) the structure of a building,
(ii) the exterior of a building,
(iii) chimneys, stairs, balconies and other things attached to the exterior of a building,
(iv) doors, windows and skylights on the exterior of a building or that front on the common property, and
(v) fences, railings and similar structures that enclose patios, balconies and yards.

Sounds like you may have a pretty retarded strata.

[Lomac]

7) Unenforceable Bylaws and Rules
A bylaw or rule is not enforceable to the extent that it:

*contravenes the Act, Regulations, Human Rights Code, or any other enactment or
law;


In other words, windows and other common property items must be fixed by Strata.

[Wormiez]

Thanks All

I have provided the feedback back to the property manager. We'll see what happens...

[frandaddy]

Check when your bylaws were passed and how they were passed. If they replaced and repealed what was prior, it means your strata bylaws now are the current governing bylaws and not the standard schedule of bylaws in the Act.

What you cut and pasted in Section 8 is from the Standard Schedule of bylaws. If a strata does not pass and register new bylaws, then these ones in the Act is the default.

If I took a guess, your strata passed new bylaws and you are responsible for your windows.

[Lomac]

I'm curious how this turns out. If it ends up being that you have to replace your window, I say you buy something that goes completely against the current style of the building. Maybe Tudor or something...

[Ikkaku]

I am curious. Since council members can be elected or thrown out by SGM's (some buildings have very unstable councils) would strata bylaw changes need to be voted for by owners in attendance of the AGM/SGM, or is it the committees decision?

Edit: regarding lomacs suggestion -- bylaw will have stupid regulations regarding the uniformity of the exterior panels. Some buildings won't let you stick the alarm sticker on your balcony door because it stands out from the rest of the building.

[tiger_handheld]

any window facing the exterior is responsibility of strata.

if the strata corp is being stupid - call the management company with your question and ask to speak to the manager assigned to your strata. get it in writing and present his findings to strata in writing.


source: old man is on the council n deal with this kind of complaints every month

[Ikkaku]

Good luck to that.

source: work in accounting of a property management company.

[Wormiez]

Quick update - Property Manager & the Strata has approved in the replacement of the window.

Thanks for the help all